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The Right to Same-Sex Marriages (1 Viewer)

The General

Footballguy
We are all seeing the chatter

Many were rightly predicting some version of what we just saw with this leaked Roe decision paper. 

Are same-sex marriages in trouble with this SC? 

Is this alarmist talk, political base-stoking, a valid concern, something else?

 
I don't see trouble on same-sex marriage. Judge Alito, in his statement made a point to say that this position on RoeVWade is about this one single issue and not any other issue or judgment.  He says it explicitly.  

A decision on RoeVWade here is a change from 1973 that actually returns the decision making back to voters instead of it being out of voters' hands as it has been.  That is not something that is challenging the decision of SSM in it's fundamental way. 

Without making it more than the question asked, this is what it is on face value but the "chatter" is just manufactured to instill fear. These things don't have to be all lumped up all the time in an all-or-nothing fashion.  It's simply this issue regarding deciding voter rights going forward. 

 
No chance that it's overturned, or no chance that gays have a right to marriage?
No chance it's overturned.  I live in the reddest of the red states, politicians here talk about abortion constantly.  All the political activism on the far right is there.  There is no political will or intensity to try and roll back gay marriage.  I haven't heard anyone mention that in I don't know how long.  I don't know anyone who hasn't moved on from that.

 
I don’t see it being brought up again anytime soon. I’m of the idea that government should basically treat marriage as a civil union type contract between two people and leave the ceremony associated with marriage up to the various places of worship that utilize it.

 
I don’t see it being brought up again anytime soon. I’m of the idea that government should basically treat marriage as a civil union type contract between two people and leave the ceremony associated with marriage up to the various places of worship that utilize it.
Sorry, but my marriage - performed by a friend of ours and with no afiliation to any place of worship - is as legit as any. There is zero reason that certain religious places get to use the term marriage, but others can't.

 
Sorry, but my marriage - performed by a friend of ours and with no afiliation to any place of worship - is as legit as any. There is zero reason that certain religious places get to use the term marriage, but others can't.
Not sure he said what you think he said...

 
I read the leaked opinion.   It's got a lot of flaws.   One is that they go out of their way to talk about how the entire line of implied right of privacy cases is wrong, but that they aren't overturning any of those because they're only addressing abortion.   That doesn't exactly work.  They spend pages saying there is no implied right of privacy and that that concept isn't well grounded in history, so they don't have to recognize stare decisis.  But then they say they're recognizing it, but just not when it comes to abortion.

Door is open to attack any decision based on the implied right of privacy.   They just didn't kick them all down at once.

 
After reading through the Roe thread I am reminded how little I understand the law and that this place has a great group of posters to read.

From what I thought was realistic outside the law I thought there was no chance we’d get to the point we look like we have arrived with Roe.

Same thinking I’d say no way here as well.  But now why not? They going to leave all these issues up to the states now? 

 
No chance it's overturned.  I live in the reddest of the red states, politicians here talk about abortion constantly.  All the political activism on the far right is there.  There is no political will or intensity to try and roll back gay marriage.  I haven't heard anyone mention that in I don't know how long.  I don't know anyone who hasn't moved on from that.
This is good to hear.

 
No chance it's overturned.  I live in the reddest of the red states, politicians here talk about abortion constantly.  All the political activism on the far right is there.  There is no political will or intensity to try and roll back gay marriage.  I haven't heard anyone mention that in I don't know how long.  I don't know anyone who hasn't moved on from that.
This is good to hear.
It's just not accurate.   Tennessee, for example, tried to get rid of same sex marriage last year.

 
No chance that it's overturned, or no chance that gays have a right to marriage?


 Same Sex Marriage is a fundamental Constitutional right.

14th Amendment.

The methodology and legal logic behind that ruling is not on shaky ground. ( I could air hole the methodology of the 4 dissenters without breaking a sweat. )

Roe V Wade brings up the issue on if SCOTUS, given the time and place, was effectively legislating from the bench and overreaching it's base authority. I'd say "Yes" based on fundamental legal principles but I'd still have just left it all alone.

A major issue people are going to avoid is that SCOTUS will never rule in a manner that will create a public administration nightmare. Banning abortion outright is a massive legal, logistical, law enforcement, judicial, social, and economic nightmare. SCOTUS cannot hold the perception of it's authority and rule in manner that denies the practicality of functional governance. The overall cost to our society to outright ban abortion is staggering. There are things people are going to do and you can't stop it. Even the government can't stop it. Congress could start passing laws that says cigarettes are illegal to own and smoke and use. How is that going to actually work? It can't, just like Prohibition and the Volstead Act did not work when thrown against societies need for functional governance.

SCOTUS will never rule in a manner that has a cascading net negative economic/financial impact on American society at large. If the American economy collapses, there is no government, there is no law, there is no civil order. Banning abortion outright or any pathway as such has a massive economic cost to our Republic. You think the 2020 riots were bad? Imagine weaponized fringe extremist Pro Choice and Pro Life zealots going to war with each other on the open streets in public.

Overturning Roe V Wade is NOT banning abortion period. However that's going to be the PERCEPTION by the unimaginably large number of low information voters out there. And I'm going to be fair, the judicial system and the legal system in this country does not make it easy for the layman to understand so much "legalese" that gets pumped down at civilians to the law. Most lawyers I meet often forget they are often not always talking to other lawyers in the room. ( It usually comes from the narcissism)

Basic Covey principles - First seek to understand, then be understood.

It doesn't matter what the legal reality is if a grossly large amount of the population will see it as an attack on all abortion period.

Basic Media Optics 101 - It doesn't matter what's on the package labeling if NO ONE BUYS THE PRODUCT.

If you can't sell something to the public at large, then the details don't matter. The same stupid approach where the radical left tried to explain that "Defund The Police" doesn't actually mean Defund The Police means absolutely nothing. It's an egregiously idiotic slogan and it had negative long term toxic blowback and cost voters up and down the ticket. In the exact same way, trying to push the truth that overturning Roe V Wade is NOT an outright ban on abortion period across the board but pushing those decisions to the respective states doesn't matter if if the narrative won't sell.

Basic Media Optics 102 - Truth matters sometimes, but PERCEPTION matters all the time, because it's PERCEPTION that kills.

I said this back when Texas passed it's 15 week abortion prohibition. I said I'm against vaccine mandates for COVID19. I.E. My Body/My Choice and Your Body/Your Choice. And that I would find it inconsistent to oppose vaccine mandates and talk about a person's right to their body and then oppose abortion and shift to "Well it is her body but I guess it's not her choice under this and that circumstance..."

I am not Pro Choice, I am Pro Responsibility. But if Pro Responsibility fails, then I take the stance that suits the clear Libertarian in me - She has to live with it, so if she's counted the cost or thought she did and has to live with it, then let her. I have enough problems and struggles of my own to worry about.

I will say this though, on the flip side, everyone here who is a radical leftist who is Pro Choice and Pro Mandate, I'd honestly just laugh in your face if I met you in real life. Everyone can have their free speech but I want to be consistent, and I'll just laugh at anyone who screams My Body/My Choice when it fits their tribalism and then push Your Body/But Not Your Choice later to keep feeding their tribalist rage.

I also find it idiotic that the radical left and the activist complicit MSM are now calling women as "women"  No more, "I can't really define what a woman really is or means.... I just can't....I don't know...."  Again, be consistent or just admit you don't have any integrity. You can't pretend to not be able to define what a "woman" is or means but then magically it all fixes itself when it's time to try to hunt down more Conservatives and Republicans.

So, no, no one is taking Same Sex Marriage away from any Americans and not taking it away from any of you if that applies.

From a pure political strategy standpoint, and I'm not discounting anyone's personal religion or their own experiences that makes them Pro Life, if that's how you feel and that's what you want, I understand that, and I'm not trying to take that from you, but again from looking at practical methodology to get votes and retain votes, this issue is NOT the hill to die on for Conservatives and/or Republicans. Yes, Mid Term elections are "base elections" But just kick the can down the road. Politically this is a losing battle for Republicans and Conservatives. You want to dangle enough to keep single issue Pro Life voters in line and in tow, but never so far that you incite the moderates and independents and the growing block of undecideds who formulate the critical "late stage" voters.

The GOP needs to understand the wars that can't be won because they are unwinnable.

That Susan Rice unloaded this now shows how desperate the Obama/Biden/Harris/Rice regime has become. It has diminishing value in the 2024 general cycle and even the loss of some suburban women won't offset the massive defection of working class minority voters.

I find it tragic when I see radical leftists pile on and dogmatically repeat cheap shock marketing based social media outrage without any practical context. It's volunteering to be cannon fodder when the establishment  emocrats need woke shock troopers to get chewed up by the grinder.  No one is holding a gun to anyone's head and forcing them to remain a low information voter. Some of you want better answers? Put in the effort to understand the 14th Amendment and they'll start to reveal themselves to you.

 
The real basis for ignoring stare decisis in the leaked decision is the decision of court in Ramos v. Louisiana, where Alito railed against the rest of the court for so easily dismissing precedent.   But in that case, the precedent involved disproportionately convicting minorities.   Alito was downright angry at the other members of the court for overturning it, but then he uses Kavanaugh's arguments to support overturning Roe.   

This court has demonstrated a hostility toward stare decisis (especially Thomas).  It has also stated that there is no implied right of privacy, whether it is based on the fourth, fifth or fourteenth amendments.   It's just wrong, and it doesn't exist.   But we're not overturning those cases....yet.

 
What was the final vote on it?
I don't know whether it got to a vote, since it's unconstitutional for now.   I really don't care where you want to move the goalposts.  The point is that there are plenty of right-wing evangelicals still happy to fight this issue, and they're getting an opinion that said the cases preventing them from passing these laws have no basis in the constitution.    

 
This is how Alito tries to avoid the fact that he just spent pages saying their is no implied right of privacy, and that cases regarding access to contraception, interracial marriage, same-sex relationships and same-sex marriage were wrongly decided:

"And to ensure that our decision is not misunderstood or mischaracterized, we emphasize that our decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion."

That's it.   Two sentences.   After laying out a road map of how and when to overturn cases and saying these cases were wrongly decided, he says, "well, we're not doing that in this case."  Anyone who thinks privacy rights aren't at risk doesn't understand what this 90 page decision is saying or what the court did when it gutted stare decisis in Ramos.

 
  Anyone who thinks privacy rights aren't at risk doesn't understand what this 90 page decision is saying or what the court did when it gutted stare decisis in Ramos.


SCOTUS is not going to go after same sex marriage. There may be some saber rattling in some states but it's just not going to happen.

Push aside the politics from it -

Is Same Sex Marriage good for the overall economy or not?

Is removing Same Sex Marriage bad for the overall economy or not?

That's it. No one wants to see it as that simple, but that's it. For all those out there hopeful that something will happen to 2A and all the guns will get taken away and all the gun grabbers will have their fantasy land utopia, well be prepared for disappointment. The civilian gun industry is critical to helping to keep innovating for the military, which impacts national security. Also there are jobs and careers at stake.

If the ruling won't line up with functional governance, then SCOTUS won't go there. Aldon Smith went on a drunken bender with a car and Sheriff Roger Goodell started preaching all about forgiveness and understanding. While he pulled no punches in torching everyone else who brushed up against the law and hurt the image of the NFL Shield. But guess what? How many ties does the NFL have to the alcohol industry or venues and businesses that serve alcohol? Goodell was not going to tip over that apple cart. There are jobs at stake, corporate sponsorships, concessions in the stadiums, the relationships with the individual owners with the booze industry, the relationship with the networks that give out those huge NFL TV deals  with the booze industry and on and on and on.

The laws serve the machinery of the bureaucracy, not the other way around.

 
I actually just wanted to understand, that one was my bad I guess.
apparently even though it had 20 GOP co-sponsors, the head of the Tennessee house wouldn't let it out of committee because it was obviously unconstitutional.  It's now looking like it will get a vote so that they can go test the law.   

But nobody would do that, right?  They moved on.

 
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apparently even though it had 20 GOP co-sponsors, the head of the Tennessee house wouldn't let it out of committee because it was obviously unconstitutional.  It's now looking like it will get a vote so that they can go test the law.   

But nobody would do that, right?  They moved on.
I don’t see it happening. But that’s just my opinion as someone who lives in such a state.

 
I don't know whether it got to a vote, since it's unconstitutional for now.   I really don't care where you want to move the goalposts.  The point is that there are plenty of right-wing evangelicals still happy to fight this issue, and they're getting an opinion that said the cases preventing them from passing these laws have no basis in the constitution.    


14-556 Obergefell v. Hodges (06/26/2015)

https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

*****

Go on, do it.

Explain how SCOTUS is going to magically unwind the 14th Amendment here to gut Same Sex Marriages.

You seem to not understand the concept of political "saber rattling" so that partisan hacks can provide fresh meat to their base. They know they can't stop Same Sex Marriages. It gets their names circulating in the local daily media cycles and it helps with their fund raising.

You want to sell the idea that there is going to be this dramatic domino effect stemming from Roe V Wade being overturned that turns into the Night King breaching the Wall and moving to take Winterfell. You are filming a Western in your head that no one wants to watch. No one is moving any goal posts on you, you are just flailing around.

 
This is predicated on the idea that the draft opinion leaked Monday night will be substantially the same in final form...

If so, then same-sex marriage is absolutely in danger.  Alito practically begged states to send them a test case.

 
This is how Alito tries to avoid the fact that he just spent pages saying their is no implied right of privacy, and that cases regarding access to contraception, interracial marriage, same-sex relationships and same-sex marriage were wrongly decided:

"And to ensure that our decision is not misunderstood or mischaracterized, we emphasize that our decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion."

That's it.   Two sentences.   After laying out a road map of how and when to overturn cases and saying these cases were wrongly decided, he says, "well, we're not doing that in this case."  Anyone who thinks privacy rights aren't at risk doesn't understand what this 90 page decision is saying or what the court did when it gutted stare decisis in Ramos.


He also says this:

"Nor does the right to obtain an abortion have a sound basis in precedent.  Casey relied on cases involving the right to marry a person of a different race...the right to marry while in prison...the right to obtain contraceptives...the right to reside with relatives...the right to make decisions about the education of one's children...the right not to be sterilized without consent...and the right in certain circumstances not to undergo involuntary surgery...These attempts to justify abortion through appeals to broader rights to autonomy and to define one's 'concept of existence' prove too much...What sharply distinguishes the abortion right from the rights recognized in the cases on which Roe and Casey rely is something that both those decisions acknowledged: Abortion destroys what those decisions call 'potential life' and what the law at issue in this case regards as the life of an 'unborn human being.'  None of the other decisions cited by Roe and Casey involved the critical moral question posed by abortion.  They are therefore inapposite.  They do not support the right to obtain an abortion and by the same token, our conclusion that the Constitution does not confer such a right does not undermine them in any way."

 
culture wars fuel politics.  If the republicans get everything they want on abortion they have to go somewhere else don't they?

 
No chance it's overturned.  I live in the reddest of the red states, politicians here talk about abortion constantly.  All the political activism on the far right is there.  There is no political will or intensity to try and roll back gay marriage.  I haven't heard anyone mention that in I don't know how long.  I don't know anyone who hasn't moved on from that.
I like reading this, but I have a question - any chance that sentiment has been "buried" a bit, but with the victory here with abortion and the opening for same-sex marriage possibly being under the microscope it pops up again in very red/religious areas of the country?   Or you believe this is a truly dead topic and one we have officially moved on in the country? 

 
any chance that sentiment has been "buried" a bit, but with the victory here with abortion and the opening for same-sex marriage possibly being under the microscope it pops up again in very red/religious areas of the country?   Or you believe this is a truly dead topic and one we have officially moved on in the country? 


Absolutely.  The evangelicals and the other hard charging sects are feeling Uncle Mo at this point.  They have their court for the foreseeable future, and will keep pecking away.

What state you choose to live in actually matters.

 
there is no Right to marriages

there are state laws that allow the legality of them - and those laws are layered with restrictions on who can and cannot get a marriage license in said states

that's it - period ..... once that is understood, we can take religion out of it and see it just as a legal binding license .... kids can't get it, non-residents can get it, you can't get it with an animal etc etc

well you COULD get all the above if the laws were changed - if the restrictions were changed

 
there is no Right to marriages

there are state laws that allow the legality of them - and those laws are layered with restrictions on who can and cannot get a marriage license in said states

that's it - period ..... once that is understood, we can take religion out of it and see it just as a legal binding license .... kids can't get it, non-residents can get it, you can't get it with an animal etc etc

well you COULD get all the above if the laws were changed - if the restrictions were changed
I wish we could do this a lot more, and I don't think we can in this case either.   Religion and the views on these groups are fairly correlated - especially when we are talking people who would want not want same sex marriage to be a thing.  

 
If the leaked memo isn’t changed significantly when they make the official ruling, there should be serious concern. They may even go after it simply to strengthen their position on abortion by taking away other rights not in the constitution.

 
There is probably less than a 1% chance of the gay marriage ruling being overturned, and congress would codify it the next day if that happened.  Not at all concerned.

 
I think there is a high probability that states - such as the dumb one I live in (Texas) - will use the language in the opinion to write laws that outlaw gay marriage. And - based on the opinion - I think the courts will strike them down. But I also leave room for Alito, et al. to change their mind and uphold those laws based on similar reasoning as is in this opinion.

 
I don’t see it happening. But that’s just my opinion as someone who lives in such a state.
In my limited reading about the bill(one article) it appears it isnt even a bill banning gay marriage. It would legalize, in essence, common law marriage for straight people only(which is not currently recognized in tennessee). Still unconstitutional, but not a ban. 

 
There is probably less than a 1% chance of the gay marriage ruling being overturned, and congress would codify it the next day if that happened.  Not at all concerned.
I’m glad you’re finally starting to get it about slippery slopes. They usually don’t ever happen. But I tend to agree with your thoughts on this. 

 
Sorry, but my marriage - performed by a friend of ours and with no afiliation to any place of worship - is as legit as any. There is zero reason that certain religious places get to use the term marriage, but others can't.
Not sure he said what you think he said...
Maybe I missed it, but he seemed to say "marriage" should be left to religious institutions. The rest of us, gay or straight alike, get something different

 
I think it's highly unlikely that the Court goes backward and allows states to once again ban same-sex marriage, just as I think it's unlikely that they totally reverse Griswold and allow states to restrict contraceptives. But I think it's highly likely, based on the Alito draft, that they eviscerate the logic underpinning Griswold/Obergefell in terms of privacy, unenumerated rights, etc. As to what the consequences of doing so would be, I have no idea. But I'm not particularly excited to find out.

 
Maybe I missed it, but he seemed to say "marriage" should be left to religious institutions. The rest of us, gay or straight alike, get something different
I think his logic (and correct me if I'm wrong) is that the state should treat marriage as a contract between two individuals entitling them to certain privileges re: taxes, inheritance, child custody, etc. If religious institutions want to gussy up the ceremony where that contract is entered into, they can do so.

I guess my question is, isn't that pretty much what we already have? Is the question whether the priest should legally be able to declare you husband and wife (or husband and husband or whatever)?

 
I think it's highly unlikely that the Court goes backward and allows states to once again ban same-sex marriage, just as I think it's unlikely that they totally reverse Griswold and allow states to restrict contraceptives. But I think it's highly likely, based on the Alito draft, that they eviscerate the logic underpinning Griswold/Obergefell in terms of privacy, unenumerated rights, etc. As to what the consequences of doing so would be, I have no idea. But I'm not particularly excited to find out.


But the bottom line is that even if the Supreme Court nuked all the "privacy" rights cases and put the issue on the States, your elected representatives could codify them.  You don't think there would be support across the aisle for access to contraception?  Instead, the politicians will use these issues to get re-elected without actually doing anything about it.  We the people have the power, not they the politicians.

 
I read the leaked opinion.   It's got a lot of flaws.   One is that they go out of their way to talk about how the entire line of implied right of privacy cases is wrong, but that they aren't overturning any of those because they're only addressing abortion.   That doesn't exactly work.  They spend pages saying there is no implied right of privacy and that that concept isn't well grounded in history, so they don't have to recognize stare decisis.  But then they say they're recognizing it, but just not when it comes to abortion.

Door is open to attack any decision based on the implied right of privacy.   They just didn't kick them all down at once.
Yeah, I don't know how anyone could read that and believe that same sex marriage is safe.

As for Congress... there was a time not that long ago that "there's no way" it wouldn't have a bipartisan investigation into an attack on the Capitol designed to overturn the results of a Presidential election.  But here we are.

 
But the bottom line is that even if the Supreme Court nuked all the "privacy" rights cases and put the issue on the States, your elected representatives could codify them.  You don't think there would be support across the aisle for access to contraception?  Instead, the politicians will use these issues to get re-elected without actually doing anything about it.  We the people have the power, not they the politicians.
Policy-wise, I'm not worried about gay marriages getting annulled or contraceptives being banned (at least not the most commonly used ones, although it is worth pointing out that many pro-lifers consider IUDs to be equivalent to abortions).

My concern is mostly over the future debates we may have around privacy. Maybe it's some new form of contraception. Maybe it's trans rights. Maybe it's something that no one alive today has even conceived of.

Point being, I consider the right to privacy, and the concept of unenumerated rights in general, to be important independent of the results they delivered in Griswold and Obergefell. So if they get eviscerated, IMO that will have negative effects on our society, even if I can't tell you what those effects will be.

 

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