Saturday, January 17, 2015

Supreme Court to take on marriage equality.

Courtesy of TPM:  

The Supreme Court on Friday agreed to hear a case that could bring about the end of same-sex marriage bans across the country. 

The justices announced in an order that they will consider if state bans on gay marriage violate the Constitution's guarantee of equal protection under the Fourteenth Amendment. 

Oral arguments are likely to be heard in April — the justices allotted two and a half hours to the issue. And a decision is expected by the end of June. 

The long-awaited move was triggered by a ruling at the 6th Circuit Court of Appeals, which became the first appeals court since the 2013 decision against the Defense of Marriage Act to uphold gay marriage bans in Michigan, Ohio, Kentucky and Tennessee. The Cincinnati-based 6th Circuit court had split with appellate courts at the 10th Circuit, 7th Circuit, 4th Circuit and 9th Circuit, all of which struck down gay marriage bans in the regions they cover. 

Earlier this year the Supreme Court declined to take the cases, which paved the way for legal gay marriage in 30 states and the District of Columbia.

Here are the two issues that the court is addressing:

1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 

2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? 

The decision on this will of course have far reaching effects on the fourteen states that still ban marriage equality.

It seems that the  conventional wisdom suggests that the court will likely land on the side of marriage equality, especially considering their ruling in the Windsor case, which means that this could be the final hurdle for the LGBT community. And that after the decision is handed down the few remaining holdouts will have little recourse but to join the 21st Century.

10 comments:

  1. Article. IV.

    Section. 1.

    Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

    ReplyDelete
    Replies
    1. Anonymous7:52 AM

      I've never understood how states were constitutionally able to have bans on same-sex marriage, based on this clause.

      Delete
  2. Anonymous11:26 AM

    I also agree that the courts will likely land on the side of marriage equality especially after watching the Rachel Maddow show last night.

    Maddow interviewed Nina Totenburg, NPR's legal affairs correspondent, and what she thought the SCOTUS would do on this issue and she talked about the ramifications of what would happen if they reversed the rulings. It would be an absolute legal mess. If you missed the show you can listen to her interview here:



    https://www.youtube.com/watch?v=BYBtKOnMazI

    ReplyDelete
  3. Anonymous11:49 AM

    No comments? No hate!

    This community does not care about civil rights.

    Apologies the the half dozen that do.

    ReplyDelete
    Replies
    1. Anonymous12:05 PM

      I don't see YOUR comment on the issue or did you just come here to criticize everyone else for making no comment?

      Delete
    2. Anonymous2:10 PM

      Really, I don't think most even read these posts.

      Delete
  4. Anonymous11:55 AM

    And this is also great news!

    WHAM, BAM!

    President Obama’s job approval rating continues to skyrocket as a new Gallup poll has found that more Americans approve than disapprove to the president.

    According to the Gallup Daily Tracking poll, President Obama’s job approval rating is a net (+1) as 48% of Americans approve of the job that the president is doing while 47% disapprove. The most recent result is the first time since September 2013 that the president’s Gallup job approval rating has been higher than his disapproval rating. The president’s approval rating has been on a steady rise over the past month. It is clear that the perception of the president’s job performance is changing.

    ...Republicans, who were hoping for Obama fatigue before the 2016 election are getting the exact opposite as the President has acted on his own to remind millions of people why they voted twice for him. Republicans may have taken the majority in Congress, but it is President Obama who is on the rise.

    http://www.politicususa.com/2015/01/16/obama-skyrockets-americans-approve-disapprove-president.html

    President Obama’s weekly address was the Republicans’ worst nightmare come true. The president not only discussed America’s economic comeback, but he also embraced the comeback that he is getting credit for.

    ...The worst nightmare for Republicans has always been that President Obama would get credit for the economic recovery. The president is strategically setting the Republicans up. The president is framing the political dynamic as Obama and ordinary Americans versus Republicans and their billionaires. v Obama is getting credit for the recovery, and he is embracing the recovery as one of his achievements.

    http://www.politicususa.com/2015/01/17/republican-nightmares-true-obama-credit-americas-economic-comeback.html

    http://talkingpointsmemo.com/livewire/obama-state-of-the-union-preview

    ReplyDelete
  5. Anonymous11:57 AM

    Justice Anthony Kennedy Key Figure As Supreme Court Weighs Gay Marriage

    For nearly two decades, U.S. Supreme Court Justice Anthony Kennedy has been building toward this moment in the history of gay legal rights in America.

    In decisions since 1996, Kennedy has broadened the court's view of equality for gays. Now, as the court said on Friday it would consider a constitutional right to gay marriage, Kennedy is likely to be the justice who tips the balance on the nine-member court.

    Predictions are risky regarding this sometimes-tentative justice, the member of the court's five-strong conservative wing most likely to join the four liberals in key rulings.

    Yet the 78-year-old Californian has already laid the foundation for a possible decision extending gay marriage to all 50 states. Currently, it is legal in 36 states and Washington, D.C.

    http://www.huffingtonpost.com/2015/01/16/kennedy-supreme-court-gay-marriage_n_6489434.html

    ReplyDelete
  6. Anonymous2:34 PM

    SCOTUS refused to get involved and allowed SSM to begin in 6 states. They cannot go backwards and rule for the 5th Circuit in a states rights issue. The best course SCOTUS should have done is overturn that crackpot bible thumping Federal judge in Louisiana and allow SSM. Arguing the 14th now is opening a can of worms.

    ReplyDelete
  7. Anita Winecooler4:08 PM

    It's about time. Get it in writing so it's clear to the states that ban some marriages and not others. And make it truly equal, not just lip service. Would love to see them debate it live, just to watch Scalia turn colors till his head explodes.

    ReplyDelete

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