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Fri Nov 9, 2012, 10:27 AM

Analysis: Gay marriage votes could sway Supreme Court

NEW YORK (Reuters) - After victories for same-sex marriage initiatives in Maryland, Maine and Washington state this week, the two sides in the national debate over gay marriage are positioning for advantage as the issue moves toward the U.S. Supreme Court.

The votes came two weeks before the Supreme Court justices are to meet, on November 20, to decide whether to review six gay rights cases that have been brought before the court.

Four of the cases test the constitutionality of the Defense of Marriage Act, or DOMA, which bars the federal government from recognizing same-sex marriages performed in states or foreign countries where they are allowed. Another seeks approval for Proposition 8, a 2008 measure that outlawed same-sex marriage in California. The sixth case concerns gay rights in Arizona.

A critical question for the Supreme Court is how much political clout gays and lesbians have - and that's where Tuesday's votes could come into play.

http://www.chicagotribune.com/news/sns-rt-us-usa-court-gaymarriagebre8a8010-20121108,0,5192243.story

It's not political clout! It's people standing up for whats right.

12 replies, 1029 views

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Arrow 12 replies Author Time Post
Reply Analysis: Gay marriage votes could sway Supreme Court (Original post)
William769 Nov 2012 OP
Swede Atlanta Nov 2012 #1
DCKit Nov 2012 #4
joeybee12 Nov 2012 #6
struggle4progress Nov 2012 #2
DCKit Nov 2012 #3
William769 Nov 2012 #5
DCKit Nov 2012 #7
Politicub Nov 2012 #8
William769 Nov 2012 #9
Politicub Nov 2012 #10
William769 Nov 2012 #11
Fearless Nov 2012 #12

Response to William769 (Original post)

Fri Nov 9, 2012, 10:44 AM

1. This could well be true

In Kennedy's majority opinion in Lawrence v. Texas he wrote about how society's opinions about homosexuality had evolved over time. He noted that the overwhelming majorities of states had repealed their sodomy laws or decriminalized consensual sexual conduct. He also noted the number of cities and states that had broad non-discrimination policies in areas such as housing, employment, etc. He also pointed out the number of private employers that included gay persons in their employment non-discrimination policies and some even offering "spousal-like" benefits such as access to health insurance.

He still had to find a Constitutional basis for the majority. He used a Due Process Analysis whereas O'Connor's concurring opinion was based on Equal Protection (Texas anti-sodomy statute only applied to same-sex sodomy but not heterosexual sodomy).

One might look at Kennedy's analysis of societal changes as being more akin to dicta than part of the actual legal framework for his decision but it is clear, based on the amount of time he took writing about these developments, they were important to the overall legal decision.

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Response to Swede Atlanta (Reply #1)

Fri Nov 9, 2012, 12:50 PM

4. Kennedy is one smart son of a bitch. Leave it at that. nt

 

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Response to Swede Atlanta (Reply #1)

Fri Nov 9, 2012, 01:39 PM

6. Kennedy likes to be on the right side of history...because if gay marriage fails this

time at SCOTUS, it will eventually win...he knows that and always wants to be part of such matters...besides, he doesn't seem like a homophobe like the ignorant 4.

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Response to William769 (Original post)

Fri Nov 9, 2012, 10:56 AM

2. It was a funny nineteenth century line, “No matther whether th'constitution follows th'flag or not,

th'supreme coort follows th'iliction returns,” but its predictive value for the current Court is nil

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Response to William769 (Original post)

Fri Nov 9, 2012, 12:48 PM

3. OK, I'm jumping ahead, but how are we doing with weed? nt

 

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Response to DCKit (Reply #3)

Fri Nov 9, 2012, 12:54 PM

5. I have plenty in my yard.

Oh wait you mean that type of weed!

Didn't Colorado just legalize weed? Federal level, I have not heard anything.

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Response to William769 (Reply #5)

Fri Nov 9, 2012, 02:10 PM

7. Gawd, your such a dick. And I mean that in the nicest way.

 

I've got more weeds in my greenhouse then you could ever choke down, but nothing you'd want to eat.

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Response to William769 (Original post)

Fri Nov 9, 2012, 07:27 PM

8. You do realize that President Obama is going to go down in the history books for

bringing about full equality for gays and lesbians.

Obama is a friend of the GLBT community. He hears our voice, and I trust that our President will not settle for anything less than full equality. It is remarkable to me that the four gay rights referendums all went in a positive direction. Times are a' changing.

I believe that the Obama era will go down as a watershed moment in gay liberation.

Gay marriage has become a symbol for full equality, and it was a relief that Obama won a second term.

Love being part of the dem majority!

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Response to Politicub (Reply #8)

Fri Nov 9, 2012, 08:12 PM

9. No argument form me!

As evidenced in my many Posts here on DU.

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Response to William769 (Reply #9)

Fri Nov 9, 2012, 08:24 PM

10. I know!! Doesn't it rock? :)

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Response to Politicub (Reply #10)

Fri Nov 9, 2012, 08:27 PM

11. Yes it does!

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Response to Politicub (Reply #8)

Sat Nov 10, 2012, 01:47 AM

12. He has played an important role on the political level...

Particularly in his approach to LGBT rights. He unlike others was open to the idea. That in itself was big. We can't forget those whose backs this progress what built on. The president is a turning point build on the work of millions of LGBT people over the last two centuries.

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