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Supreme Court to Decide Whether Constitution Protects Same-Sex Marriage
WSJ ^ | January 16, 2015 | By JESS BRAVIN

Posted on 01/16/2015 1:19:49 PM PST by Jim Robinson

Decision Later This Year Could Extend Gay Marriage to All 50 States or Cloud Existing Unions

WASHINGTON—The Supreme Court on Friday said it would decide whether the U.S. Constitution gives same-sex couples the right to marry, signaling what could be the final chapter of a push by advocates to extend gay unions nationwide.

The court accepted challenges to same-sex marriage bans in four states—Kentucky, Michigan, Ohio and Tennessee—that a federal appeals court upheld in November 2014. The ruling by the Sixth U.S. Circuit Court of Appeals in Cincinnati departed from recent decisions by other appeals courts that found same-sex couples enjoyed a right to marry under the 14th Amendment’s equal-protection and due-process provisions.

The justices are taking up the issue in the middle of the court’s current term after having earlier rejected pleas by states to reinstate marriage restrictions that appellate courts had found unconstitutional. The Sixth Circuit ruling, the first to uphold the restriction of marriage to heterosexuals, created a split among the court circuits that didn’t exist in October, making it more likely the Supreme Court could get involved.

The court agreed to hear two specific constitutional questions on same-sex marriage laws and will hear extended arguments.

(Excerpt) Read more at wsj.com ...


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: homosexualagenda; marriage; scotus; ssm
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To: redleghunter
>>SCOTUS has 6, count them, 6 Roman Catholics on the bench. So we are good right?/sarc<<

This country is so in trouble.

141 posted on 01/17/2015 7:38:36 AM PST by CynicalBear (For I decided to know nothing among you except Jesus)
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To: Jim Robinson

Fasten your seatbelts. I’m thinking God is not going to be too happy about the decision they are about to hand down.


142 posted on 01/17/2015 7:44:05 AM PST by servantboy777
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To: nikos1121
They will not adjudicate based on whether same sex marriage is in the constitution or not. This is not the premise they are moving forward with.

It all hangs on whether denying the right of marriage from a specific segment of the citizenry.

My guess (looking through a biblical world view), gay marriage will be the law of the land by summer. Any state, person or entity denying the right of homosexuals to “marry” will be punished.

Then the movement will push ahead with all sorts of perverted scenarios in which to challenge. Oh well, turning the pages of God's word.

Kinda like we are all in a timeless reality novel. Lol

143 posted on 01/17/2015 7:52:17 AM PST by servantboy777
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To: Bubba_Leroy

At this point the Supreme court has made so many rulings that are manifestly insane, that they have effectively surrendered their legitimacy as an interpretive body.

They can rule it, and even the states can accept it, but the one thing that they cannot do, is make me accept it. And I will not.

Sodomites do not reproduce, they recruit. You are not born that way, you are lured that way. There is no right to marry, even a man and a woman, enshrined in the constitution. That is a matter of law, church doctrines not withstanding. Change the law but using the courts to force this on an unaccepting populace is the way to destroy your moral authority.


144 posted on 01/17/2015 8:12:43 AM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: Arthur Wildfire! March

“Only those who see through their professors’ BS can shake off that indoctrination. “

Judges are being blackmailed and shunned if they don’t vote the way the left wants.

Next will be polygamy to accommodate Muslims and Mormons.


145 posted on 01/17/2015 8:21:25 AM PST by FR_addict (Boehner needs to go!)
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To: The Ghost of FReepers Past; Jim Robinson
At this point Alito is questionable. Thomas and Scalia are solid.

I do not doubt your point and all could come down and be as predicted with the Biblical Marriage definition being killed, regrettably. I remember the Mr. Thomas hearings. The left fought tooth and nail to keep Mr. Thomas away from the Supreme Court, much the same as they fought against Mr. Bork though to the best of my recollection Mr. Bork was not attacked as being a pervert. It will be ironic when Mr. Thomas votes to say 'No' and have proved that he (Mr. Thomas) was and never was a pervert. All is made clear after time has passed.

I know not what the outcome will be except my gut says the ruling will be against God's Will and the Biblical definition of Marriage between one man and one woman will be ruled against by man. It is the way most things work out on this Earth and will be the way most things work out on this Earth till Jesus returns. Regrettably ....

I simple to understand why at Jesus return, Jesus is swinging a sword.

146 posted on 01/17/2015 9:16:33 AM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: FlingWingFlyer
The Constitution DOES NOT “PROTECT” homosexual marriage. It’s not in there. Check it out!

The Constitution is nothing more than something to wipe their asses with. They could care less.

147 posted on 01/17/2015 9:27:35 AM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Jim Robinson

If you Legalize Gay Marriage then you cannot make Incestuous Marriage and Polygamous Marriage Illegal.

Once the Dam breaks, everyone drowns.


148 posted on 01/17/2015 9:40:11 AM PST by Kickass Conservative (If you think the Mulatto Marxist is bad, just wait until the Menopausal Marxist shows up.)
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To: jtal

Please stop using the terms “homosexual marriage” and “gay marriage.”

Homosexuals have all the same “rights” to marry as heterosexuals (members of the opposite gender who are legally able to marry and consent). Homosexuals want additional rights called “same-sex marriage.”

This is so clearly a states-rights issue that if the USSC decides in favor of it (rather than putting it back in the states), there ought to be an outright revolution (Levin’s Liberty Amendments) to bring the US Constitution back into power and clamp down on these tyrants.

Enough of this BS where less than 2% of the population dictates to the others.

That is TYRANNY.


149 posted on 01/17/2015 9:40:57 AM PST by Ghost of Philip Marlowe (Carter...Reagan...Bush...Clinton....Bush....Carter....BUSH? / CLINTON? STOP THE INSANITY!)
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To: MileHi

“Drudge got it up.

Nice, but I don’t care what he does on his own time.”

LOL!!

That site is one habit I am trying to excise. I cringe in anticipation of what deviant aspect of his personality the headline will reflect.

His bit where he’s trying to rally school kids to not their lunch — THE CREEPIEST thing I have seen on internets.


150 posted on 01/17/2015 10:40:25 AM PST by CharleysPride (non chiedere cio che non si puo prendere)
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To: CharleysPride

I visited Drudge a few times in 1999. Found a link to FR and haven’t been there since. Thanks Matt!


151 posted on 01/17/2015 12:04:52 PM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: PapaNew

“I’m not for abolishing federal courts since they are constitutional. I am for abolishing everything in the federal government that is NOT Constitutional and repealing all laws and court decisions that are not Constitutional.”

That a Federal court system was Authorized by the Federal Constitution I am of no doubt. That it was empower to rule on matters not written of in the Federal Constitution and specifically the law of congress I find no power.

Indeed from the arbitrator creation of rights and thus law in domestic matters ranging from abortion to marriage the members of this court and its members have proven entirely corrupt and lawless.
It is that court which must be abolished, for it is demonstratively unaccountable to any but those who have a vested interest in its inherently tyrannical inventions.

So yes our States must not only nullify their lawless acts, but with respect the unlawful force imposed by Washington this body must itself be neutered and made subservient to enforce the constitution as written and practiced, rather than corruptly invented or rewritten by themselves.

Simply put a judge who cannot recognize the fact that a law who’s text has not changed in 150 years should not also change in its ‘interpenetration’ over that time either. But even this basic test of Federal magistrate honestly is beyond most of the men who now wear Washington’s black robes.

No these men must be thrown out and their overly numerous offices must be abolished. There is no justifiable reason for Washington to have so many courts when its legitimate tasks remain focused almost exclusively on foreign matters dealing with foreign states, and dispute between our states. Put simply there are not that many states or countries. The only reason they now have so many courts is that Washington has vastly expanded its scope, and now requires an army to enforce its now numerous domestic usurpation.

So yes it is time for our states to abolish that army!


152 posted on 01/17/2015 12:19:55 PM PST by Monorprise
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To: Monorprise

Well, we’re pretty close. In political and national legal matters, it is always important IMO to start with the Constitution because it is the Law of the Land, the Rule of Law that is the ONLY legal bulwark of freedom against the tyranny of the Rule of Man, which is where the Left has taken and continues to take us.

I argue whenever and wherever I can that the unconstitutional portion of the $4 trillion federal government must be shut down. This would be a monumental task, probably 80% or more of the feds gone and probably hundreds of thousands of government officials, department and bureaucratic heads, and government workers sent home packing with no job.

It is what needs to happen, but who is going to force it to happen? The odds against the feds willingly committing virtual suicide is remote at best. It would take a miracle from the hand of God. That is not out of the question, IMO, because America itself and its origins, continuance, and success are miracles from God’s gracious hand.

But barring a miracle, more likely individual states are going to have to decide whether they will continue down the road to tyranny and serfdom (as Hayek put it). Those states that choose not to go down that road must begin nullifying unconstitutional federal acts after review in the state legislatures and/or state courts.

It’s individual states circling the wagons recognizing that the feds have become the enemy of freedom, America, and it’s values. You can’t FORCE the feds to do anything if all three branches refuse to budge - the state of things as they are today. So the default is state supremacy rising up and rejecting unconstitutional federal acts because by definition, the feds have no legitimate right nor power to commit those unconstitutional acts or make those unconstitutional decisions.

In the case at hand, SCOTUS should NOT be hearing this gay marriage case because marriage is not an enumerated power delegated to them by the Constitution. So it is up to the states to assert adhesion to the Rule of Law of the Constitution and declare they reject unconstitutional federal acts and decisions like hearing and deciding regarding gay marriage (regardless of their ruling - it is not in their constitutional scope of power to hear the case AT ALL (other than to repeal lower federal court decisions and send the case back to the state where it originated)).

The Supremacy Clause and the Tenth Amendment and the whole Constitutional structure and presumption is on our side. It’s time.


153 posted on 01/17/2015 2:57:02 PM PST by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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To: Talisker

Yes, that is understood to be the view from the homosexual lobby. The tax code is easily amended to treat domestic partnerships in the same manner as married spouses.

But the fight transcends tax treatment. The ultimate battle is waged against the Church.


154 posted on 01/17/2015 4:24:59 PM PST by Hostage (ARTICLE V)
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To: CynicalBear

Of course we will hear these SCOTUS RCs have self excommunicated.


155 posted on 01/17/2015 7:31:55 PM PST by redleghunter (...whatever you do, do all to the glory of God. (1 Corinthians 10:31))
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To: Jim Robinson
I've been reading that this decision will settle "once and for all" the question of 'gay marriage.'

Just like Obamacare is "settled law" and Roe V Wade settled "a woman's right to choose."

156 posted on 01/17/2015 7:37:01 PM PST by gogeo (If you are Tea Party, the eGOP does not want you.)
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To: GeronL
RE:”Too bad this was a one sided battle. Can’t win when nobody fights back”

Yep!

157 posted on 01/17/2015 10:12:13 PM PST by sickoflibs (King Obama : 'The debate is over. The time for talk is over. Just follow my commands you serfs""')
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To: Lurking Libertarian

This is the first response I’ve read that said what I’ve been thinking. Maybe Kennedy thinks he can legalize it nationwide this way (hmmm, guess he can), but .... Was going to say it won’t be accepted by those states, but, on reflection, there won’t be any way for them to show their non-acceptance. Oh, lawd!


158 posted on 01/18/2015 12:04:27 AM PST by NetAddicted (Just looking)
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To: 444Flyer

Yes.

Romans 1:24

“Therefore God gave them over...”

Homosexuality and the other perversions are the discipline. Our country is being disciplined. God is giving this country over to homosexuality and all sorts of perversions.


159 posted on 01/18/2015 1:58:01 PM PST by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a Classical Christian Approach to Homeschool ])
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To: Jim Robinson

Of course, we know the Constitution says nothing about marriage, gay or otherwise.

And as we SHOULD know and as the Tenth Amendment tells us, if it is not in the Constitution, then it is a power and right reserved for the states and the people. The Constitution does not name the rights of states and individuals*, it delegates and enumerates certain, limited powers to the federal government. If it is not in the Constitution, it is not a federal power.

The presumption of the Constitution, as spelled out in the Declaration of Independence, is that God has given individuals certain inalienable rights among them Life, Liberty, and the Pursuit of Happiness, again, as confirmed by the Ninth and Tenth Amendments, which the federal government via the Supreme Court has summarily ignored because it denies them the powers for which they so desperately lust.

I think we are at the point where states must let go of trying to fix the feds and begin the defensive measure of nullifying unconstitutional federal acts and decisions, like this one (regardless of the outcome - SCOTUS has no constitutional power to decide a case about marriage just like it has no constitutional right to decide a case about abortion).

* The first ten amendments, as the text clearly shows and as the Ninth and Tenth Amendment explicitly state, are not, as today’s courts and Court like to pretend, an enumeration of individual rights but a sampling of individual rights the federal government cannot “abridge” or violate.


160 posted on 01/19/2015 8:02:23 AM PST by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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