Posted on 05/07/2015 8:54:14 AM PDT by shepardspie33
NORMAN, Okla. -- By the end of June, same-sex marriage will likely be legal across the United States. As has been the case in many of the important questions brought before the Roberts Court, Justice Anthony Kennedy holds the swing vote in what will presumably be another 5-4 decision. Two years ago this question was sidestepped in Hollingsworth v. Perry when the Supreme Court ruled that the petitioners lacked standing, and thus did not rule on the merits of the case. However, under the current circumstances, with no procedural hurdles to prevent a ruling on the merits, Kennedy seems poised to cast the decisive vote in favor of same-sex marriage.
Kennedy has been instrumental in the the court’s three previous cases which increased the civil rights of gays and lesbians. Although Kennedy has often found himself siding with the court’s four conservative justices on many important issues, this decision will presumably solidify his legacy as one characterized by his willingness to stand up for the rights of homosexuals...
Although Kennedy voiced his concerns about eliminating a cultural norm which has endured for millennia as well as postulating whether Americans have been given enough time to debate the matter, the cost of failing to decide the issue at this time seemed to weigh more heavily on the justice.
As the arguments unfolded Kennedy seemed to shift from reluctance to acceptance. This became increasingly apparent when the states’ attorney, John J. Bursch, asserted incessantly that the bans on marriage were not an attempt to disparage same-sex couples or in any way strip them of dignity...
Although he demonstrated that he has some reservations about granting same-sex couples the right to marry, his commitment to seeking equality far outweighs those reservations. Expect a 5-4 decision ensuring a constitutional right to same-sex marriage.
(Excerpt) Read more at reddirtreport.com ...
6-3 decision
Damn right brother!!!
the legal argument goes that “homosexual behavior” is an immutable trait like skin color or gender therefore entitled to the identical protection as such. IOW since two homosexuals can produce children like a white male and black female therefore they should have the same treatment.
It is no different than the USSC outlawing gravity.
How does this come from Anthony Kennedy Mr. Stare Decisis
That's a nonsense argument. The DESIRE to do the behavior may be immutable.
But there are sober alcoholics. There are 300+ pound people who can slim down and stay there.
No behavior is a "trait".
Unless it's a Rat Senator asking about Roe v Wade...
The court may be able to compel the states and their agencies into recognizing same sex “marriage,” but it cannot compel religious bodies to do so against the tenets of their belief. That would clearly constitute “establishment” of religion which is prohibited under the First Amendment.
Score
I find it interesting the number of people who are thumbing their noses at the Bible. I wonder what their contingency plan is in case they are wrong?
The federal government now overrules the state marriage laws, which Kennedy defended quite strongly in Windsor? Because he is so strongly attached to precedent, I don't see how he tosses out most of the ruling he wrote in Windsor and decides that the federal government now decides what marriage means.
[ The Supreme Court Brought us Civil War, Segregation, Abortion and Deathcare.
I wouldn’t put my faith in any them.
The Court hasn’t really worked the way the Founders intended, too much ideologies and legislating from the Bench.
The Problem is I don’t know how to fix it.
Trust the Court to whims of Elections? Or Fixed Term limits would create packed courts. ]
Mark levin has interesting idea where the state legislatures could get together and if 2/3 of them can overturn a supreme court decision if done within 6 months of a decision or some such thing. It is one of his liberty amendments proposals.
It's The Liberty Amendments, or war. I wish there was another way, but I don't see it.
All that remains of the Constitution are certain forms, which no longer function as designed. The real nail in the coffin is that almost nobody WANTS them to function as designed, and an administration committed to the rule of law that somehow snuck into power would be overthrown in six months.
It's the defection of Congress from its responsibilities that's at the core of the American Crisis. They have willingly surrendered all of their vital powers to make representative government a reality - the power to declare war, the power to coin money and regulate the value thereof, the power to regulate the appellate jurisdiction of the Supreme and inferior courts, the power to regulate commerce with foreign nations, to legislate over the District of Columbia IN ALL CASES WHATSOEVER, the power to regulate commerce among the several states - all given, gladly, to the Executive Branch.
It's quite like Rome, after Julius Caesar. The Senate still existed, but it served no significant function.
We will not overcome this, I fear.
” It’s The Liberty Amendments, or war. I wish there was another way, but I don’t see it. “
Agree, if the Liberty Amendments fail to pass or are ignored by entrenched DC machines, then it will be war, the main point it that the Article V is one of the few exit ramps before heading over the cliff of civil war or eternal police state....
The clowns in the black burkas may “legalize” it but it will still be “gay” and perverted to normal people. The Gaystapo won’t be able to throw us ALL in jail when we laugh at two males swapping spit in public.
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