The Widdershins

Activist Monday: Is the Supreme Court about to Legalize Same-Sex Marriage?

Posted on: April 27, 2015

It seems like the answer could be yes.

The U.S. Supreme Court’s arguments on Tuesday over same-sex marriage will cap more than two decades of litigation and a transformation in public attitudes.

Based on the court’s actions during the past two years, a sense of inevitability is in the air: That a majority is on the verge of declaring gay marriage legal nationwide.

Justice Anthony Kennedy, the court’s pivotal member on gay rights, has been marching in this direction with opinions dating to 1996. In his most recent gay rights decision for the court in 2013, rejecting a legal definition of marriage limited to a man and woman for purposes of federal benefits, Kennedy deplored that U.S. law for making gay marriages “unequal.”

Here’s what will happen on Tuesday.

Two legal questions are before the justices: whether the Constitution’s guarantees of due process and equal protection cover a right to same-sex marriage; and, if they do not, whether states that ban same-sex marriages must recognize such unions performed in other states.

The big, big win would be if same-sex marriage is found to be Constitutionally protected. With Roberts as Chief Justice, this is unlikely, but amazingly, not impossible.

 An element of uncertainty hovers over Chief Justice John Roberts, who broke with the other court conservatives and cast the deciding vote upholding President Barack Obama’s healthcare law in 2012. Roberts voted against gay rights in the 2013 ruling. But he separated himself from the most conservative dissenters and declined to declare outright that states may ban gay marriage.

It is truly amazing how far America has come on this front. Last Friday, Bruce Jenner just came out as transgender while 17 million people watched, and the overwhelming majority of Americans were supportive of his journey from one sex to the other. Think about just a few years ago, when DADT and DOMA were still in effect…seems like a bad dream, doesn’t it? 37 states now have legalized same-sex marriage, and shockingly, these states have not been drowned in the wrath of Yahweh/Jeebus. The lack of evidence that there is “anything wrong with that” has pushed the wingnuts’ ravening homophobia farther and farther into the fringes of society, where it belongs.

I think we all have reason to hope that, in a few months, anyone who wants to get married will be able to get married in America. It’s about freaking time!

This is an open thread.


41 Responses to "Activist Monday: Is the Supreme Court about to Legalize Same-Sex Marriage?"

And in the same vein of equal rights for all…here is a great campaign about gender inequality. To me, this finds that sweet spot between creativity and strong messaging. #MakeItFair

Marco Rubio reaching out to gays then calling it ridiculous and absurd to allow marriage. Both sides of his mouth are busy.

Are you sure you want to discuss “the gays” because Bachmann insists besides Obama bringing the rapture, it is also gay marriage causing it to come any day now. Oh, and legal abortion. I guess God has been so busy all these years and just found out about abortion. We are in trouble now. Follow the yellow brick road and sing: Gays and abortion and obama, oh my.

Strange bedfellows speaking up for Hillary. Ruddy of Newsmax gave to the Foundation and sticks up strongly for the Foundation. The NY Times is hitting her and Newsmax is defending her. I am so confused!

Thanks for the Newsmax link!

@4: Wow! I went to that site and it didn’t burn out my eyes!

MB said: The big, big win would be if same-sex marriage is found to be Constitutionally protected

And if it is there will be screams from the right about “activist court!”. And of course it will provide fodder for the right wing talking heads for months. 🙄

Don’t know if this will work or not, but there were severe storms moving through nola today and a train was crossing the Huey Long bridge across the Miss. River when the wind blew a few cars off the tracks, which were about 60 feet in the air. Can’t believe the reporter just happened to be there at the right time to catch this. Nope doesn’t work so just go here and you can see the video.

We just had a nasty storm, but if it will drop the temp some, I can live with it. Thundering again, so I’ll sign off for a bit.

To be a litigator before the Supreme Court you need only count to 5. Anything beyond 5 is just showing-off.

I can’t help but think they will do the right thing.

@10- I agree. I just hope Roberts doesn’t throw a spanner in the works with a narrow opinion. Ugh, these homophobic Repubs make me sick.

MB, great post! I meant to say that earlier.

Baltimore looks crazy, doesn’t it?

annie@13: It’s a nightmare! People are cutting the fire hoses they are using to put out fires in the neighborhoods! Incredible!!

13, 14, Emmylou and Gram doing “Streets of Baltimore” has been in my head all week.

It is wonderful to see the Stop Rush movement succeed. His ratings and advertiser dollars are shrunk. He is a dope if he believes half the things he says. He is a dope if he says them and does not believe what he says. Either way he is clearly a moron.

Thanks, Annie!

Re Baltimore, I know…the police are totally out of control and people are just going nuts with rage and frustration.

While the Supreme Court deliberates…here is something inspiring for us to read. The CEO of SalesForce is going through all his employees’ salaries to ensure his company is paying women the same as men for the same work.

Hillary’s logo changed for today. It is a rainbow. 🙂

@17: Does Salesforce mean that is might actually be “our time”???
Also, here is a great article about the MNG Commander:

Well, when the supremes render a decision I hope they dont’ do some sort of split the baby thing where gays can get married in one state and not another but the other state has to recognize their marriage. If they split the baby so to speak these cases might continue on for quite a while.

RIP, Jack Ely.

Joni is in a coma. So sad.

One of my all time favorite songs.

@Chat – I hope so! That Salesforce guy is going to shame a lot of CEOs into doing the same.

@Karen – I saw! It’s beautiful.

Update on the Supremes…Kennedy appears to be leaning towards not splitting the baby. Woohoo!

Wait a minute. Somebody might be pulling a scam to get control of Joni’s legal matters. There are reports she is getting better and not unconscious. The person who filed the legal papers said she was a friend for 44 years. A lot of confusion now. Hope she is truly healing.

Her official site explains the media frenzy and BS.

Well the curfew is in effect in Baltimore. I hope the peace holds.

mb@25: Well, there are at least three votes and the arguments from the other side were really weak.

Who knows? Today, gay marriage then maybe even full equality for women.
Also, Hillary now has that long-awaited opponent. Bernie Sanders will run as a Dem.

I thought he was an “I”. Is this a money ploy, switching to “D”?

@29: Oh my I didn’t hear that. All of the news has been about Baltimore.

annie, he is an Indy but I guess that doesn’t stop him from running for the Dem nomination. Here’s what I found online:

Here’s something from HuffPo also:

the Vermont senator’s entry in the race will provide a platform for Democrats to criticize Clinton from the left. Sanders’ presence could also highlight a divide between progressive and moderate Democrats.

There’s also a scatterplot at the HuffPo piece where you can track the candidates in polling.

I have no doubt that Hillary can handle him, but, I hope he sticks to the issues and does not use sexism to make his points.

My guess is that he won’t last past Super Tuesday.

Sanders and a few far left “progressive” websites, are griping Hillary needs to take a stand on the Obama side or the Warren side of TPP. They are wrong and Hillary is absolutely right to not decide yet.

Warren as a Senator has access and has read it in current version and of course so has Obama who is still tweaking it in negotiations.

Hillary cannot see it. She even had caveats about it in 2012 when she was involved. When it is open to the public (and Hillary) she will have a solid review of it and decide.

Warren, Bernie and the unions are opposed to all trade deals so it is easy for them to rant before it is even fully proposed.

Hillary is taking criticism for sitting on a fenc and not gnashing her teeth that either Warren or Obama is wrong. The deal isn’t finalized.

One issue candidates who get the cart before the horse.

Hillary will speak today on criminal justice and reforms. The “incarceration generation” and keeping us safe while lowering the number of ridiculously expensive prisoners serving for petty crimes.

That POS book claims Bill was on the dole for Haiti speeches he gave. His spokesman confirmed he did not take ANY speaking fees for ANY Haiti work. That bastard Clinton is so sneaky doing good and not getting caught at helping the world. They should be able to find something in the billions of dollars he raised for projects to help all over the world. Big dawg is the real deal and they are barking up the wrong tree trying to take him on.

Hillary’s essay for her speech on justice today at Colubia U:

I am puzzled as to the Democratic Party’s strategy in having Sanders run. Is it a sop to “progressives”? If so, they might be surprised at some of the things they hear.

Bernie is good on a lot of issues, but he has never been a strong proponent of women’s rights. Hillary has him beat there.

39 – when I heard Debbie Wasserman Schultz speak a few weeks ago about Hillary having at least one person to debate and at least one person on the ballot so there would be a “real” primary election, it made sense. There should be a true race so people actually come out to vote and people listen to the candidates nuanced differences on issues.

If it was just Hillary on the ballot in the primary nobody would get activated to GOTV and getting out the vote is crucial for the general.

O’Malley has been under attack all week by his former constituents for causing the unrest in Baltimore that led to the rioting after the funeral instead of peaceful protest taking place. Like Walker losing Wisconsin to Hillary, O’Malley isn’t even popular in his own town or state.

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