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Mira

(22,380 posts)
Tue Apr 28, 2015, 12:17 PM Apr 2015

Justices Appear Deeply Divided on Right to Same-Sex Marriage

Source: NYTimes

http://www.nytimes.com/2015/04/29/us/supreme-court-same-sex-marriage.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-news&WT.nav=top-news

BREAKING NEWS Tuesday, April 28, 2015 12:02 PM EDT
Justices Appear Deeply Divided on Right to Same-Sex Marriage
The Supreme Court on Tuesday seemed deeply divided about one of the great civil rights issues of the age: whether the Constitution guarantees same-sex couples the right to marry.
They appeared to clash over not only what is the right answer but also over how to reach it. The questioning illuminated their conflicting views on history, tradition, biology, constitutional interpretation, the democratic process and the role of the courts in prodding social change.
Justice Anthony M. Kennedy said he was concerned about changing a conception of marriage that has persisted for millennia. Later, though, he expressed qualms about excluding gay families from what he called a noble and sacred institution. Chief Justice John C. Roberts Jr. worried about shutting down a fast-moving societal debate.
In the initial questioning, which lasted about 90 minutes, Justice Samuel A. Alito Jr. asked whether groups of four people must be allowed to marry, while Justice Antonin Scalia said a ruling for same-sex marriage might require some members of the clergy to perform the ceremonies, even if they violate their religious teaching.
Justice Stephen G. Breyer described marriage as a fundamental liberty. And Justices Ruth Bader Ginsburg and Elena Kagan said that allowing same-sex marriage would do no harm to the marriages of opposite-sex couples.



Read more: http://www.nytimes.com/2015/04/29/us/supreme-court-same-sex-marriage.html?emc=edit_na_20150428

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Justices Appear Deeply Divided on Right to Same-Sex Marriage (Original Post) Mira Apr 2015 OP
"groups of four people must be allowed to marry" PSPS Apr 2015 #1
Which question has nothing to do with the matter before the court, IMO. closeupready Apr 2015 #4
Well that would be Biblical, no? n2doc Apr 2015 #7
I was thinking the same thing Mira Apr 2015 #8
lol, here we see what these "justices" really think wordpix Apr 2015 #15
I must say I wouldn't have a problem if we did allow people to have >2-person marriages. Chan790 Apr 2015 #39
Like in the bible? truthisfreedom Apr 2015 #42
I don't even have any real ethical issues with polygamy anyway. NYC Liberal Apr 2015 #49
so alito is an idiot too samsingh Apr 2015 #2
But you've known that for a good, long while villager Apr 2015 #28
yes, i have samsingh Apr 2015 #36
How can they be called justicies heaven05 Apr 2015 #3
The word "troglodyte" didn't exist in 1789 jmowreader Apr 2015 #16
From this summary, sounds like alito and scalia have been drinking/smoking SOMETHING elleng Apr 2015 #5
Not sure about this specific case but I would think this is a no-brainer underpants Apr 2015 #10
Scalia especially which makes me think its time for him to step down and retire cstanleytech Apr 2015 #19
Exactly, was an extremely foolish thing for him to say, elleng Apr 2015 #40
And even then the law cannot interfere with their religion except under certain rare circumstances cstanleytech Apr 2015 #47
Yes. elleng Apr 2015 #48
Is the Catholic Church forced to marry Divorced couples, HockeyMom Apr 2015 #6
Scalia has been having alot of problems which leads me to believe cstanleytech Apr 2015 #21
Yes. That argument is moot, and it is embarrassing that US Supreme Court justices Zorra Apr 2015 #22
I've been wondering catrose Apr 2015 #46
Not unless the person gets an annulment marshall Apr 2015 #50
No wonder the Supreme Court of America is the only major national Court in the world to prohibit video. Fred Sanders Apr 2015 #9
What does video have to do with it? former9thward Apr 2015 #24
Which is also a great argument to not bother with actually watching movies or television, just listen to the audio!? Fred Sanders Apr 2015 #41
I would vote for Sanders as a protest vote. former9thward Apr 2015 #43
I love watching appeal court justices and lawyers in action.....nothing like TV law. Real people, real law, real issues. Fred Sanders Apr 2015 #44
Isn't constitutionality, if not the only, by far the major question for them to answer? BobTheSubgenius Apr 2015 #11
Tradition WTF Politicalboi Apr 2015 #12
And as usual Thomas sits and stinks, er, I mean LibertyLover Apr 2015 #13
I can't think of another justice who incredibly rarely yeoman6987 Apr 2015 #29
The sick irony is Thomas' marriage was as illegal in many states as same-sex marriages are today. NYC Liberal Apr 2015 #53
So very true LibertyLover Apr 2015 #56
Based on the questions and comments from the SC, especially those from Kennedy and Roberts, I would still_one Apr 2015 #14
Moving back in time? yeoman6987 Apr 2015 #31
The SC isn't, and I suspect the President was always for it, but for still_one Apr 2015 #35
A LOT of those 38 states only have it because of higher Jamastiene Apr 2015 #52
Question: Let's say conservatives win the rulling Reter Apr 2015 #57
I hope not but I really think the ruling will go our way yeoman6987 Apr 2015 #58
Regardless of the courts final decision, I think this argument will be *the* cornerstone debate... LanternWaste Apr 2015 #17
So much for the slam-dunk win that some have been predicting. Paladin Apr 2015 #18
The beatings will continue until morale improves. Got it. closeupready Apr 2015 #20
Oh goodness yeoman6987 Apr 2015 #32
From your keyboard to God's ears...... (nt) Paladin Apr 2015 #38
In favor or against? Jamastiene Apr 2015 #51
Sorry. In favor of gay marriage yeoman6987 Apr 2015 #55
I'm very nervous over this, indeed. June will take forever to get here... eom Purveyor Apr 2015 #23
Transcripts of SCOTUS marriage hearings 4/28/15: Zorra Apr 2015 #25
Message auto-removed Name removed Apr 2015 #26
Hey Tony and Sam DonCoquixote Apr 2015 #27
They don't care about who the President is yeoman6987 Apr 2015 #33
Legally Weak Case HassleCat Apr 2015 #30
My Con Law is rusty, but shouldn't this be framed as an Equal Protection question? Myrina Apr 2015 #34
I think typically they argue a position from many different angles; closeupready Apr 2015 #37
And the wingnuts will be on the wrong side of history again. displacedtexan Apr 2015 #45
To me, that question that Alito asked is very unprofessional. Jamastiene Apr 2015 #54
"noble and sacred institution" Skittles Apr 2015 #59
All of that is irrelevant, the issue should the COURTS made this decision? happyslug Apr 2015 #60

PSPS

(13,579 posts)
1. "groups of four people must be allowed to marry"
Tue Apr 28, 2015, 12:21 PM
Apr 2015
Samuel A. Alito Jr. asked whether groups of four people must be allowed to marry


He probably had to bite his tongue to keep himself from mentioning animals in his question.
 

closeupready

(29,503 posts)
4. Which question has nothing to do with the matter before the court, IMO.
Tue Apr 28, 2015, 12:28 PM
Apr 2015

(Which I guess is kind of what you were saying in your own comment.) Cheers.

wordpix

(18,652 posts)
15. lol, here we see what these "justices" really think
Tue Apr 28, 2015, 01:39 PM
Apr 2015

animal-human hybrids definitely a no-no for public ruminations

 

Chan790

(20,176 posts)
39. I must say I wouldn't have a problem if we did allow people to have >2-person marriages.
Tue Apr 28, 2015, 04:36 PM
Apr 2015

I mean well okay, if that's what you want...fine by me.

NYC Liberal

(20,135 posts)
49. I don't even have any real ethical issues with polygamy anyway.
Tue Apr 28, 2015, 09:07 PM
Apr 2015

The only problem is that legalizing it entails a whole lot more than just replacing "husband and wife" with "spouses" in laws and policies – which is literally all that legalizing same-sex marriage requires.

There are very complicated issues that arise with polygamous arrangements that would require an entire rewrite and rethinking of many existing policies and laws. But figure those out, and I have little issue with the whole thing if that's what people freely choose to do. ("Freely choose" is obviously the key phrase.)

elleng

(130,732 posts)
5. From this summary, sounds like alito and scalia have been drinking/smoking SOMETHING
Tue Apr 28, 2015, 12:34 PM
Apr 2015

weird.

Hope to see/hear more, but if their 'anti-' positions don't amount to more than this, we win, imo.

underpants

(182,604 posts)
10. Not sure about this specific case but I would think this is a no-brainer
Tue Apr 28, 2015, 12:48 PM
Apr 2015

Equal protection and due process. Am I missing something?

Maybe the conservatives (really Alito? that was a talk radio question) just wanted go on record to protect their speaking fees when they retire. I never understood why they even took this case other than that.

cstanleytech

(26,236 posts)
19. Scalia especially which makes me think its time for him to step down and retire
Tue Apr 28, 2015, 02:22 PM
Apr 2015

because there is no way in hell that a ruling for equal protection for gay couples under the constitution would force a member of the clergy for any church to perform a wedding ceremony for a gay couple at all, the possibility just does not exist.

elleng

(130,732 posts)
40. Exactly, was an extremely foolish thing for him to say,
Tue Apr 28, 2015, 04:37 PM
Apr 2015

even IF he was 'kidding.'

That 'authority' doesn't exist NOW, no court could 'force' a member of any clergy to do anything. We can prohibit them from taking actions that are against the laws.

cstanleytech

(26,236 posts)
47. And even then the law cannot interfere with their religion except under certain rare circumstances
Tue Apr 28, 2015, 08:47 PM
Apr 2015

like say if a religion wanted to practice human sacrifice or tried to practice having sex with young underage girls.

 

HockeyMom

(14,337 posts)
6. Is the Catholic Church forced to marry Divorced couples,
Tue Apr 28, 2015, 12:34 PM
Apr 2015

Scalia? End of argument there. He should know better than that.

Zorra

(27,670 posts)
22. Yes. That argument is moot, and it is embarrassing that US Supreme Court justices
Tue Apr 28, 2015, 02:34 PM
Apr 2015

would even consider it worth mentioning.

It's childish, in fact.

catrose

(5,059 posts)
46. I've been wondering
Tue Apr 28, 2015, 06:20 PM
Apr 2015

How anyone could think that. Churches have always decreed who they would or would not marry.

marshall

(6,665 posts)
50. Not unless the person gets an annulment
Tue Apr 28, 2015, 09:08 PM
Apr 2015

Of course, the sacrament of marriage is different than the civil contract of marriage.

Fred Sanders

(23,946 posts)
9. No wonder the Supreme Court of America is the only major national Court in the world to prohibit video.
Tue Apr 28, 2015, 12:38 PM
Apr 2015

former9thward

(31,936 posts)
24. What does video have to do with it?
Tue Apr 28, 2015, 03:07 PM
Apr 2015

A recording of the proceedings is made immediately available online. You can hear anything anyone said.

Fred Sanders

(23,946 posts)
41. Which is also a great argument to not bother with actually watching movies or television, just listen to the audio!?
Tue Apr 28, 2015, 05:01 PM
Apr 2015

Did you hear 73 year old Bernie Sanders is running for President.....is that too old?

former9thward

(31,936 posts)
43. I would vote for Sanders as a protest vote.
Tue Apr 28, 2015, 05:11 PM
Apr 2015

But yes, he is too old. Need younger people in that job. Look what it has done to Obama and he still has about a year and a half to go. BTW if you equate watching Justices in a courtroom banter with lawyers to television and movies you really need to get out more....

Fred Sanders

(23,946 posts)
44. I love watching appeal court justices and lawyers in action.....nothing like TV law. Real people, real law, real issues.
Tue Apr 28, 2015, 05:45 PM
Apr 2015

Thank you though for your concern about my health.

 

Politicalboi

(15,189 posts)
12. Tradition WTF
Tue Apr 28, 2015, 01:16 PM
Apr 2015

It used to be tradition to own slaves. It used to be tradition to own a musket. Tradition has NO place in this argument. Fuck tradition.

LibertyLover

(4,788 posts)
13. And as usual Thomas sits and stinks, er, I mean
Tue Apr 28, 2015, 01:30 PM
Apr 2015

thinks, yep, thinks. Honestly was there ever a bigger waste of space on the SC?

 

yeoman6987

(14,449 posts)
29. I can't think of another justice who incredibly rarely
Tue Apr 28, 2015, 03:29 PM
Apr 2015

Asks a question or a comment. I used incredibly on purpose even though wrong way to use.

NYC Liberal

(20,135 posts)
53. The sick irony is Thomas' marriage was as illegal in many states as same-sex marriages are today.
Tue Apr 28, 2015, 10:06 PM
Apr 2015

Yet I can bet you he will vote to allow states to continue banning same-sex marriages.

He is a hypocrite of the worst kind.

LibertyLover

(4,788 posts)
56. So very true
Wed Apr 29, 2015, 02:15 PM
Apr 2015

It's something I don't understand about Thomas, Carson, West and some other African-American Republican politicians - they received immense assistance from government programs intended to try and combat racism and discrimination both growing up and as they started out in their careers, yet they are hell-bent on making sure other young African-Americans don't receive the same help as they did. It seems so very short-sighted on their part.

still_one

(92,061 posts)
14. Based on the questions and comments from the SC, especially those from Kennedy and Roberts, I would
Tue Apr 28, 2015, 01:33 PM
Apr 2015

bet they say states can decide the issue, which really is bullshit. This is really a civil rights issue, and I hope I am wrong, but I really sense the SC is going to rule against saying states much allow same sex marriage.

We are not progressing in the country, we are moving back in time, and it isn't just on this issue

 

yeoman6987

(14,449 posts)
31. Moving back in time?
Tue Apr 28, 2015, 03:31 PM
Apr 2015

Hardly when 38 states have gay marriage. Back in time we had none. Heck the president only recently started to support it. We have made great strides. More to go I will agree.

still_one

(92,061 posts)
35. The SC isn't, and I suspect the President was always for it, but for
Tue Apr 28, 2015, 03:42 PM
Apr 2015

Political considerations he timed it

The point is this should NOT be a state's rights issue. It is a civil rights issue, and it should be governed by Federal law. Even though as you point out 38 states allow it, that still does not dissuade me from arguing that it isn't a states rights issue.

Jamastiene

(38,187 posts)
52. A LOT of those 38 states only have it because of higher
Tue Apr 28, 2015, 10:05 PM
Apr 2015

court rulings that struck down unconstitutional laws. NC SPECIFICALLY voted to DENY gay marriage rights here and so did many of the others in that 38 states. If they make this a states' rights issue, we can kiss any chance of marriage equality for all goodbye.

 

Reter

(2,188 posts)
57. Question: Let's say conservatives win the rulling
Thu Apr 30, 2015, 05:21 PM
Apr 2015

Of those 38 states, how many were passed on their own? Maybe 5? So if the ruling doesn't go well, do those state bans go back in place to the states that recently had bans struck down?

 

yeoman6987

(14,449 posts)
58. I hope not but I really think the ruling will go our way
Thu Apr 30, 2015, 05:41 PM
Apr 2015

I don't know why I am so confident but I am on this.

 

LanternWaste

(37,748 posts)
17. Regardless of the courts final decision, I think this argument will be *the* cornerstone debate...
Tue Apr 28, 2015, 01:58 PM
Apr 2015

Regardless of the courts final decision, I think this argument will be *the* cornerstone debate of the Presidential 2016 election. A conversation the GOP does not want to engage in, but will be forced to respond to with a lose/lose answer.

Whomever the final Democratic nominee is, it's a wonderful opportunity to illustrate the intransigent will and regressive behavior of the far right, and an effective means to prevent the GOP from expanding its own voter base beyond its current membership-- and may even remove any youth votes it would have otherwise received.

Paladin

(28,243 posts)
18. So much for the slam-dunk win that some have been predicting.
Tue Apr 28, 2015, 02:05 PM
Apr 2015

Those of you who are doing your best to kneecap the Democratic Party's best shot at the presidency in 2016 really need to consider the sort of Supreme Court with which we're saddled, now and in the future.

 

yeoman6987

(14,449 posts)
32. Oh goodness
Tue Apr 28, 2015, 03:34 PM
Apr 2015

They are in discussion. Ever word disected. I think they should stop having info reported on from the Supreme Court. It gets everyone all upset for nothing. Wait and you will see.....6-3.

Jamastiene

(38,187 posts)
51. In favor or against?
Tue Apr 28, 2015, 10:03 PM
Apr 2015

Which one are you predicting?

I wouldn't put anything past SCOTUS as long as so many conservatives are still there. The fact that they are already asking stupid ass questions about four people in a marriage, which has nothing to do with gay marriage, shows they could go either way at this point. I, for one, am not sure how they will rule.

 

yeoman6987

(14,449 posts)
55. Sorry. In favor of gay marriage
Tue Apr 28, 2015, 10:13 PM
Apr 2015

Many reasons for it but not all because they love the idea or even support it. But it will pass.

Response to Mira (Original post)

DonCoquixote

(13,616 posts)
27. Hey Tony and Sam
Tue Apr 28, 2015, 03:26 PM
Apr 2015

You do realize that if you strike down Gay marriage you will basicly hand Hillary her campaign issue for 2016, right? Considering the one reason many of us are holding our nose and trying to swallow her bitter pill is because we know you do not need any helpers, and that yous tirkign down Gay marriage will remind the voters WHY.

 

HassleCat

(6,409 posts)
30. Legally Weak Case
Tue Apr 28, 2015, 03:31 PM
Apr 2015

The states defending their ability to prohibit same-sex marriage are trying to argue they have an interest in doing so, but some of the arguments they're advancing are so bogus I can't believe they aren't embarrassed to stand in front of the highest court in this country and claim they are looking out for the welfare of children, protecting "diversity" in the family environment, etc. The way it looks to me, they know they have no real legal footing, and they're just hoping five of the justices will sort through their bizarre justifications and pick out a couple to support. Scalia, for example, knows nothing can force any church to perform weddings that violate the religious teachings of a particular faith. Alito's question about groups of four is just incomprehensible, more evidence of right wing justices casting about for something to grab onto and use as justification for what they feel like doing, even though it has no legal basis.

 

closeupready

(29,503 posts)
37. I think typically they argue a position from many different angles;
Tue Apr 28, 2015, 04:03 PM
Apr 2015

so that if one argument is dismissed as invalid, there are other arguments included which may have merit and thus may win the case for the petitioner.

Jamastiene

(38,187 posts)
54. To me, that question that Alito asked is very unprofessional.
Tue Apr 28, 2015, 10:07 PM
Apr 2015

It has NOTHING to do with gay marriage. It would help if he could focus only on the issue at hand instead of asking insulting questions. We all know that question is a dog whistle and how his vote will go. Bastard.

 

happyslug

(14,779 posts)
60. All of that is irrelevant, the issue should the COURTS made this decision?
Thu Apr 30, 2015, 10:23 PM
Apr 2015
The chief justice added that he was worried about shutting down a fast-moving societal debate.

“One of the things that’s truly extraordinary about this whole issue is how quickly has been the acceptance of your position across broad elements of society,” he said.


Justice Scalia agreed. “The issue, of course, is not whether there should be same-sex marriage, but who should decide the point.” The right answer, he said, was the people or their elected representatives, not the courts.

On this point, Justice Stephen G. Breyer, a member of the court’s liberal wing, had his own reservations.

“Suddenly you want nine people outside the ballot box to require states that don’t want to do it to change what marriage is to include gay people,” he said. “Why cannot those states at least wait and see whether in fact doing so in the other states is or is not harmful to marriage?” Later in the argument, though, Justice Breyer indicated support for same-sex marriage as part of basic liberty. “Marriage is about as basic a right as there is,” he said.


Equal protection of the law when adopted in the post Civil War Amendment was designed to protect newly freed slaves. The term was quickly taken over by Corporate America to defeat efforts to regulate and control Corporations, and such lawsuits to protect corporation by giving them "Equal Protection of the law" became the overwhelming prime use of Equal Protection

Woman have have had a hard time using Equal Protection clause, relying on the 1964 Civil Rights Amendments and state's Equal protection of the laws instead (Thus woman can be restricted from being in the Military, since that is a FEDERAL FUNCTION and thus the only constitutional clause are these same equal protection clauses that the courts have long rule can differentiate between the sexes).

Thus Churches would required to perform weddings, that it causes harm or no harm to opposite sex marriages are all ill-relevant issues (They are relevant to the debate on same sex marriage, if this was being debated in a State Legislature or the Federal Congress, but NOT in the US Supreme Court).

The only issue is does the equal protection clause of the US Constitution permit states to BAN same sex marriages? That is the issue in this case. You may agree with it, you may disagree with it, but that is the issue. I hate how the court has expanded Equal Protection to protect corporations and I hope the court restricts what the Equal Protection Clause means, so that maybe in the future the court will decide equal protection permits the states to regulate Corporations. Thus I hope the court rule that the states can BAN gay marriage for I can then use that to show equal protection does NOT exclude state regulations of Corporations.

In many ways that is the heart of this fight, are they any restrictions on the concept of Equal Protection? Is it Equal protection of the law to permit a bum on the street or a corporation to both be able to give a million dollars in political donations? (This is a variation of the old saying about the "Magistry of the law, it forbids both poor people and rich people from sleeping underneath bridges&quot . I.e is it equal protection to say millionaires can donate millions to get what they want, because people on welfare could do the same if they had the money.

We need to restrict the power of Wall Street and that means restrictions on Wall Street that the courts have ruled violate Wall Streets Equal Protection of the law. This case MAY provide a step in that direction, but lets see.
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