Showing posts with label 14th Amendment. Show all posts
Showing posts with label 14th Amendment. Show all posts

Friday, January 16, 2015

A Decision is Finally Coming: Marriage Equality to be Argued at SCOTUS

As reported by many news organizations, at least four Justices of the United States Supreme Court (SCOTUS) have agreed to hear four cases coming out of the 6th US Circuit Court of Appeals in regards to marriage equality.  After the October 6th, 2014 decision by SCOTUS to deny "cert" to challenges to rulings coming from the 4th, 7th and 10th US Circuit Courts of appeals and the despicable ruling by the 6th Circuit, this day could not come soon enough.

The two questions before SCOTUS will be whether or not same sex marriage bans in 31 states and their denial of recognition of same sex marriages performed in other states violates the 14th Amendment.  Numerous federal courts, including four appellate courts, along with several state courts have ruled that yes, these bans violate the 14th Amendment.  The 6th Circuit is the only appellate court to have ruled otherwise, going so far as to claim that the federal courts have no business overturning "voter approved" bans on marriage equality.

I am, of course, biased and believe that these bans do violate the 14th Amendment as well as the 9th Amendment.  Hell, SCOTUS has already ruled that marriage is a "fundamental right" in Loving v. Virginia (which also, by the way made marriage a "federal issue").

My hope is that the votes are there for marriage equality to become the law of the land in all 50 states and the various territories come June of this year.  My fingers are crossed.

Wednesday, March 27, 2013

Grow a Fucking Pair

Why are the Justices of the United States Supreme Court so scared to do their fucking job?  That is the impression I got from oral arguments yesterday and today in the two marriage equality cases before the Supreme Court this term.  A lot of time (10 minutes for Prop 8 and 50 minutes for DOMA) was taken at the start of each oral argument to find out if the plaintiffs in each case standing.  That's right, 1/6 of oral arguments in the Prop 8 case and almost 1/2 of oral arguments of the DOMA case was spent on how the Justices might be able to kick the cases and avert doing their job.

Remember, at least four Justices voted to accept to hear these cases this term and scheduled oral arguments.  Two of the most important gay civil rights cases since 1996's Lawrence v. Texas and the Justices are looking for away to avoid handing down a real decision.  They would rather punt.  And that includes the "liberals" on the Court.

Is it too much to ask the Justices of the Supreme Court to grow a pair of fucking balls and do their job?  Is it too much for these Justices to say that this issue is too important to push down the road?  Is it too much for these Justices to say the time is now, not later, but now for them grant "equality under the law" to gays and lesbians in regards to marriage?

If not now, when?  I am getting very tired of asking that question in regards to equal rights.  So, I am going to ask this simple question of the Justices: Will you please grow a pair and find that discrimination against gays and lesbians in regards to marriage is a violation of the equal protection clause of the 14th Amendment in both the Prop 8 and the DOMA cases?

Just grow a pair and do your fucking job.