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United States News
See other United States News Articles

Title: Back PRIORS AND PRECEDENT Same-Sex Marriage Gets Its Big Day At The Supreme Court
Source: FiveThirtyEight
URL Source: http://fivethirtyeight.com/datalab/ ... -big-day-at-the-supreme-court/
Published: Apr 28, 2015
Author: Oliver Roeder
Post Date: 2015-04-29 12:33:58 by Jameson
Keywords: SCOTUS, Marraige, 538
Views: 27375
Comments: 119

The question of whether there is a constitutional right to same-sex marriage will finally have its day in court this week. On Tuesday, the Supreme Court will hear two and a half hours of oral argument in a quartet of cases on this subject. If the court reverses lower court rulings that upheld bans on same-sex marriage, it could mean that every state would have to honor such marriages performed in other states, and could require every state to permit them. A decision is expected this summer, most likely in late June. In this edition of Priors and Precedent, we’ll dig into some data and two sources of predictions for this landmark case. First, some background.

The Case

The petitioners are 12 couples and two widowers from states that bar same-sex marriage. A recent profile by NPR dubbed them “‘accidental activists,’ meaning they filed lawsuits not to further a cause but because of the way the bans affected their lives.”

The challenge to the bans, known as Obergefell v. Hodges, is actually four cases rolled into one.1 The court consolidated them and limited its consideration to these two questions:

Does the 14th Amendment require a state to license a marriage between two people of the same sex? Does the 14th 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 first is called the “marriage” question, the second the “recognition” question. The court will hear 90 minutes of argument on the former and an hour of argument on the latter. Civics refresher: The 14th Amendment guarantees certain rights under its “due process” and “equal protection” clauses.

If the answer to the first question is “yes,” then the answer to the second is irrelevant, of course.

Click for Full Text!

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Begin Trace Mode for Comment # 48.

#28. To: Jameson (#0) (Edited)

"Does the 14th Amendment require a state to license a marriage between two people of the same sex?"

What part of the 14th amendment requires this?

"Does the 14th 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 14th amendment?? Why isn't this covered under Article IV, Section 1 of the U.S. Constitution -- "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state."

misterwhite  posted on  2015-04-30   11:13:47 ET  Reply   Untrace   Trace   Private Reply  


#30. To: misterwhite (#28)

What part of the 14th amendment requires this?

The 14th amendment?? Why isn't this covered under Article IV, Section 1 of the U.S. Constitution -- "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state."

Yeah, I have no idea. You'll have to take up these questions with an attorney.

(even then, I'll bet that there will be multiple opinions)

Jameson  posted on  2015-04-30   11:16:56 ET  Reply   Untrace   Trace   Private Reply  


#40. To: Jameson, misterwhite (#30)

[misterwhite] What part of the 14th amendment requires this?

The 14th amendment?? Why isn't this covered under Article IV, Section 1 of the U.S. Constitution -- "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state."

The equal protection clause of the 14th Amendment is argued on behalf of the right to enter into same-sex marriage. Article 4 is said to apply to require all states to recognize an existing same-sex marriage, even where it would not be legal to enter into according to the laws of said state.

At 1-4:

ORAL ARGUMENT OF MARY L. BONAUTO

ON BEHALF OF PETITIONERS ON QUESTION 1

MS. BONAUTO: Mr. Chief Justice, and may it please the Court:

The intimate and committed relationships of samesex couples, just like those of heterosexual couples, provide mutual support and are the foundation of family life in our society. If a legal commitment, responsibility and protection that is marriage is off limits to gay people as a class, the stain of unworthiness that follows on individuals and families contravenes the basic constitutional commitment to equal dignity.

Indeed, the abiding purpose of the Fourteenth Amendment is to preclude relegating classes of persons to secondtier status.

- - - - -

At 1-31

GENERAL VERRILLI: It is different, I agree.

And I and it leads to the second thing I think that the that the Lawrence catalyzed for our society, was it put gay and lesbian couples, gay and lesbian people, in a position for the first time in our history to be able to lay claim to the abiding promise of the Fourteenth Amendment in a way that was just impossible when they were marginalized and ostracized.

- - - - -

At 1-40

GENERAL VERRILLI:

But what these gay and lesbian couples are doing is laying claim to the promise of the Fourteenth Amendment now.

And it is emphatically the duty of this Court, in this case, as it was in Lawrence, to decide what the Fourteenth Amendment requires.

And what I would suggest is that in a world in which gay and lesbian couples live openly as our neighbors, they raise their children side by side with the rest of us, they contribute fully as members of the community, that it is simply untenable untenable to suggest that they can be denied the right of equal participation in an institution of marriage, or that they can be required to wait until the majority decides that it is ready to treat gay and lesbian people as equals.

Gay and lesbian people are equal.They deserve the equal protection of the laws, and they deserve it now. Thank you.

- - - - -

At 2-26

ORAL ARGUMENT OF JOSEPH F. WHALEN

ON BEHALF OF THE RESPONDENTS ON QUESTION 2

MR. WHALEN: Mr. Chief Justice, and may it please the Court:

The Fourteenth Amendment does not require States with traditional marriage laws to recognize marriages from other States between two persons of the same sex.

JUSTICE SCALIA: What about Article IV? I'm so glad to be able to quote a portion of the Constitution that actually seems to be relevant. "Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State." Now, why doesn't that apply?

MR. WHALEN: Your Honor, this Court's cases have made clear that the Court draws a distinction between judgments between States and the laws of each State. And the reason in part that the Court's decisions have said that is that otherwise, each State would be able to essentially legislate for every other State.

JUSTICE SCALIA: Public acts? It would include the act of marrying people, I assume.

MR. WHALEN: My understanding of this Court's decisions as the reference in the Constitution to public acts is that each State's laws.

JUSTICE SCALIA: So there there's nothing in the Constitution that requires a State to acknowledge even those marriages in other States that that are the same.

MR. WHALEN: That's essentially correct, Your Honor.

JUSTICE SCALIA: Really?

- - - - -

nolu chan  posted on  2015-04-30   19:32:18 ET  Reply   Untrace   Trace   Private Reply  


#48. To: nolu chan (#40)

The equal protection clause of the 14th Amendment

And the 14th truthfully wasn't ratified legally.

A K A Stone  posted on  2015-04-30   21:28:12 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 48.

#54. To: A K A Stone (#48)

The 14th truthfully wasn't ratified legally.

Wouldn't surprise me. But maybe Satan himself ratified it; That's good enough for all the narcissists, anarchists and Democrats. The 14A killed America, and it's not done burying us.

Liberator  posted on  2015-05-01 01:12:15 ET  Reply   Untrace   Trace   Private Reply  


#56. To: A K A Stone (#48)

And the 14th truthfully wasn't ratified legally.

I would agree with you. But its ratification was certified by the Executive Branch and that action is not subject to any judicial review. If you had a truckload of proof, there would be no place to deliver it.

See my post on another thread here for two books on the ratification of the 14th. It's a disgrace, but they got away with it.

nolu chan  posted on  2015-05-01 01:42:53 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 48.

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