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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: 27402
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.

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Begin Trace Mode for Comment # 76.

#2. To: Jameson (#0)

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

Why two people? Why not three?

misterwhite  posted on  2015-04-29   12:43:26 ET  Reply   Untrace   Trace   Private Reply  


#3. To: misterwhite (#2)

Why two people? Why not three?

That is not the question being decided, is it?

Jameson  posted on  2015-04-29   12:49:33 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Jameson (#3)

"That is not the question being decided, is it?"

Should be. It's just a matter of time before it comes up.

If marriage is not just one man - one woman, then why limit the number to two?

misterwhite  posted on  2015-04-29   12:54:56 ET  Reply   Untrace   Trace   Private Reply  


#38. To: misterwhite, Jameson, redleghunter, Liberator (#4) (Edited)

Why not one man and one cow or one woman (a car creeper) and one shetland pony??

That is where this is all heading no matter how much the homos and APA protest or deny it, all they know is how to lie.

Oh BTW why is it that less than 1% of homos are getting married to start with? (So that means all this hubub over fag marriage is for 100,000 people or so who want to feel good about themselves even though they shouldn't). There are already 36 states who are being forced to accept this bullschitt so why aren't they running en masse to those states to get hitched? (HINT, HINT Homosexuality isn't about love)...

CZ82  posted on  2015-04-30   19:04:53 ET  Reply   Untrace   Trace   Private Reply  


#41. To: CZ82, misterwhite, Jameson, redleghunter, Liberator (#38)

Why not one man and one cow or one woman (a car creeper) and one shetland pony

Because cows and shetland ponies are not recognized as people.

nolu chan  posted on  2015-04-30   19:34:39 ET  Reply   Untrace   Trace   Private Reply  


#76. To: nolu chan, CZ82, misterwhite, Jameson, redleghunter, rlk, A K A Stone (#41)

Cows and shetland ponies are not recognized as people.

Strangely, neither are fetuses or 8-month old preborn according to SCOTUS

But I digress -- aren't sexual relations and "marriage" becoming loosely based more "consent" rather than age, gender, or...species?

Since all it takes is one single insane, subversive judge (as in the farcical Chimpanzee case) to re-interpret either "person-hood" OR "consent" as legit mitigating issues, the language, society's "norms" (and laws) are completely at the whim of an insane judiciary. This same insane judiciary often defers to the insane American Psychiatric Association as *its* moral/legal arbiter.

And we wonder how we've gotten to this point?? In the immoral words of Coach Vince Lombardi (prowling the sidelines, witnessing absolute chaos), "WHAT THE HELL IS GOING ON HERE??!?)

The judiciary should now be considered subversive Trojan Horse activists with axes to grind with their own clinical psychological problems. They are a dangerous liability America can no longer afford.

Liberator  posted on  2015-05-01   12:49:19 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 76.

#89. To: Liberator, nolu chan, CZ82, misterwhite, Jameson, rlk, A K A Stone (#76)

Since all it takes is one single insane, subversive judge (as in the farcical Chimpanzee case) to re-interpret either "person-hood" OR "consent" as legit mitigating issues, the language, society's "norms" (and laws) are completely at the whim of an insane judiciary. This same insane judiciary often defers to the insane American Psychiatric Association as *its* moral/legal arbiter.

Now now liberator, perhaps the NY SC justice was persuaded by an expert witness:

redleghunter  posted on  2015-05-01 15:19:32 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#114. To: Liberator (#76)

And we wonder how we've gotten to this point?? In the immoral words of Coach Vince Lombardi (prowling the sidelines, witnessing absolute chaos), "WHAT THE HELL IS GOING ON HERE??!?)

Grab, grab, grab!

nolu chan  posted on  2015-05-01 23:30:49 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 76.

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