RTS CNG Command Posted June 26, 2015 Share #1 Posted June 26, 2015 WASHINGTON -- The U.S. Supreme Court ruled 5-4 on Friday that it is legal for all Americans, no matter their gender or sexual orientation, to marry the people they love. The decision is a historic victory for gay rights activists who have fought for years in the lower courts. Thirty-seven states and the District of Columbia already recognize marriage equality. The remaining 13 states ban these unions, even as public support has reached record levels nationwide. The justices found that, under the 14th Amendment, states must issue marriage licenses to same-sex couples and recognize same-sex unions that have been legally performed in other states. Justice Anthony Kennedy delivered the majority opinion and was joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor. In a rare move, the four dissenting justices each wrote an opinion. The lead plaintiff in Obergefell v. Hodges is Ohio resident Jim Obergefell, who wanted to be listed as the surviving spouse on his husband's death certificate. In 2013, Obergefell married his partner of two decades, John Arthur, who suffered from ALS. Arthur passed away in October of that year, three months after the couple filed their lawsuit. Obergefell was joined by several dozen other gay plaintiffs from Kentucky, Michigan, Ohio and Tennessee who were fighting to be able to marry and to have their marriage recognized in every state in the country. In the majority opinion, the justices outlined several reasons same-sex marriage should be allowed. They wrote that the right to marriage is an inherent aspect of individual autonomy, since "decisions about marriage are among the most intimate that an individual can make." They also said gay Americans have a right to "intimate association" beyond merely freedom from laws that ban homosexuality. Extending the right to marry protects families and "without the recognition, stability, and predictability marriage offers, children suffer the stigma of knowing their families are somehow lesser," the justices wrote. The majority concluded that the right for same-sex couples to marry is protected under the 14th Amendment, citing the clauses that guarantee equal protection and due process. Link. What a difference a few years make. Back in 2004, Massachusetts became the first state to legalize same-sex marriage (via a court ruling). LGBT rights to marry someone in the same sex had been slow and sometimes stopped, as the population in several states like Utah and North Carolina voted to amend their own state constitutions to ban SSM. After Minnesota's population voted down a SSM ban and Maine, Washington, and Maryland formally recognize same-sex marriage, it all changed. DOMA was struck down. Courts all around the country ruled for marriage equality, bringing the total to thirty-seven states. How ironic that the state governments that tried to ban SSM (Ohio, Kentucky, Tennessee, Michigan) are involved in the ruling that made the U.S. join twenty-one other countries and allow same-sex marriage to be legal nationwide. It's no surprise that the decider for this case is Justice Kennedy. Known as the swing vote, he's been the one to write for the majority opinion for the LGBT rights movements, including concluding the unconstitutionality of DOMA. This ruling is a big mark to his tenure, and the four dissenters will now have to look in the mirror for years to come. This ruling is will be up there with the historic lore of Roe v. Wade and Brown v. Board of Education. People all around the country will analyze and discuss this ruling for decades to come because it advanced equality. The White House's Facebook avatar really says it all. And President Obama's reaction on Twitter: Today is a big step in our march toward equality. Gay and lesbian couples now have the right to marry, just like anyone else. #LoveWins Link to comment Share on other sites More sharing options...
BreeddekalbL Posted June 26, 2015 Share #2 Posted June 26, 2015 AWESOME!!!!!!!! those religious bigots and those states who intend on disobeying this order their governors and legislators should be arrested and tried for contempt of court Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted June 26, 2015 Share #3 Posted June 26, 2015 lol... I wouldn't be celebrating too fast. I'm sure several states will be trying to appeal this ruling. Link to comment Share on other sites More sharing options...
MysteriousBtrain Posted June 26, 2015 Share #4 Posted June 26, 2015 lol... I wouldn't be celebrating too fast. I'm sure several states will be trying to appeal this ruling.I mean when blacks were first freed from slavery, they were still treated like crap for 100 more years, and then they got what they want in the civil rights movement. And of course, with the police being to abusive on blacks including Eric Garner, black aren't really treated like they are supposed to.My point is, I also bet that it would be years and years of states fighting for their "rights" before gay marriage is an official right in every state. Link to comment Share on other sites More sharing options...
YankeesPwnMets Posted June 26, 2015 Share #5 Posted June 26, 2015 I thought John Roberts wrote a pretty interesting dissent. He stated that an issue like this was not up to the Courts to decide. [T]his Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise “neither force nor will but merely judgment. What do you guys think about Roberts' dissent? Link to comment Share on other sites More sharing options...
RTS CNG Command Posted June 26, 2015 Author Share #6 Posted June 26, 2015 I thought John Roberts wrote a pretty interesting dissent. He stated that an issue like this was not up to the Courts to decide. What do you guys think about Roberts' dissent? Roberts is objectively wrong. The purpose of the Supreme Court is to determine what is constitutional or not. If the states and the people who live within them either aren't capable of determining it or are openly oppressing classes (here, the LGBT community), the SCOTUS will do it for them. When a SSM ban was upheld earlier this year, the Supreme Court had to pick up the case and decide it. Civil rights are federal issues, and the constitutionality of marriage is a civil rights issue. Is it over? No. I guaran-damn-tee everyone here the South will keep trying to marginalize the LGBT+ in some other way. Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted June 26, 2015 Share #7 Posted June 26, 2015 I mean when blacks were first freed from slavery, they were still treated like crap for 100 more years, and then they got what they want in the civil rights movement. And of course, with the police being to abusive on blacks including Eric Garner, black aren't really treated like they are supposed to. My point is, I also bet that it would be years and years of states fighting for their "rights" before gay marriage is an official right in every state. lol... I love how people always mention blacks when talking about struggles... Never fails. This decision basically forces all states to recognize and all gay marriage. It's just a question of whether or not the states that appeal will get their wish or not. You can rest assured that any and all measures will be used to try to block this in the states that banned gay marriage. lol Link to comment Share on other sites More sharing options...
Art Vandelay Posted June 27, 2015 Share #8 Posted June 27, 2015 Supreme court rulings cannot be appealed. Supreme court rulings cannot be blocked. It has been decided, and there is nothing anybody can do to change that, until another case goes to the supreme court. (Or a constitutional amendment were to be passed either outlawing gay marriage or allowing states to do so.) Link to comment Share on other sites More sharing options...
MysteriousBtrain Posted June 27, 2015 Share #9 Posted June 27, 2015 I've been hearing that some people are trying to move to Canada because of the gay marriage thing. Anyone wanna point out the obvious to these people? Today's generation everyone lol Link to comment Share on other sites More sharing options...
YankeesPwnMets Posted June 27, 2015 Share #10 Posted June 27, 2015 Roberts is objectively wrong. The purpose of the Supreme Court is to determine what is constitutional or not. If the states and the people who live within them either aren't capable of determining it or are openly oppressing classes (here, the LGBT community), the SCOTUS will do it for them. When a SSM ban was upheld earlier this year, the Supreme Court had to pick up the case and decide it. Civil rights are federal issues, and the constitutionality of marriage is a civil rights issue. Is it over? No. I guaran-damn-tee everyone here the South will keep trying to marginalize the LGBT+ in some other way. Well, this is the debate between the concepts of judicial activism and judicial review. Should the Courts make their opinion solely on the basis of the law (the Constitution makes no mention of marriage) or should the Courts take on an activist role in the government? Was this a case of judicial activism? I'm not anti-LGBT (I'm pro-LGBT in fact) but I just want to hear some opinions on this matter, because I think it's a good discussion to have either way Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted June 27, 2015 Share #11 Posted June 27, 2015 Supreme court rulings cannot be appealed. Supreme court rulings cannot be blocked. It has been decided, and there is nothing anybody can do to change that, until another case goes to the supreme court. (Or a constitutional amendment were to be passed either outlawing gay marriage or allowing states to do so.) Correct on both, but that's not what I meant. These states will appeal to their Republican led leaders to do something about this decision. It's stated in the article. Furthermore, while the Supreme Court has decided, that doesn't mean that people still won't be discriminated against. Link to comment Share on other sites More sharing options...
theaveragejoe Posted June 28, 2015 Share #12 Posted June 28, 2015 I've been hearing that some people are trying to move to Canada because of the gay marriage thing. Anyone wanna point out the obvious to these people? Today's generation everyone lol Been ten years now that is has also been legal in Canada Link to comment Share on other sites More sharing options...
MysteriousBtrain Posted June 29, 2015 Share #13 Posted June 29, 2015 Opposition has begun in Texas. The reason they gave for not marrying gay couples is an interesting one: http://www.dailydot.com/politics/texas-gay-marriage-attorney-general-refuse-license-county-clerks/?fb=dd Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted June 29, 2015 Share #14 Posted June 29, 2015 Opposition has begun in Texas. The reason they gave for not marrying gay couples is an interesting one: http://www.dailydot.com/politics/texas-gay-marriage-attorney-general-refuse-license-county-clerks/?fb=dd LMAO... I knew it.... They are determined to stop this dead in its tracks. Should be interesting to see how this plays out. Link to comment Share on other sites More sharing options...
MysteriousBtrain Posted June 29, 2015 Share #15 Posted June 29, 2015 LMAO... I knew it.... They are determined to stop this dead in its tracks. Should be interesting to see how this plays out. Speaking of religion, some pastor said this and according to tickId.com, he was basically throwing his congregation away: Link to comment Share on other sites More sharing options...
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