We Now Have Marriage Equality, What's Next?

On June 26th, 2015, the Supreme Court of the United States (SCOTUS) said marriage equality was enshrined in our Constitution.  Nationwide gays and lesbians are now able to enter into marriages with the person they love and have that marriage recognized in all 50 states as well in our various territories and protectorates.  It was a long, decades long struggle, but it is now accomplished.  The question is: What is next for the LGBT community?

Top of my list is a national Employment Non-Discrimination Act (ENDA) that would prohibit the firing of gays just for being gay.  In many states around the nation, it is perfectly legal to not hire or to fire someone for being gay.  In some of those states, such as Indiana, various jurisdictions have non-discrimination ordinances on the books, but can be overridden, as in Arkansas, by the states' legislatures.

There is one simple solution to this patchwork quilt of workplace protections: A national ENDA.  For years ENDA has languished in Congress, even when Democrats controlled both chambers.  We now need to devote our energies to passing ENDA (without "religious freedom" exemptions).  Once ENDA is passed and signed into law, we can move onto housing protections.  It may even be possible to do both at once.  Simply by adding sexual orientation to the national non-discrimination laws would protect us not only in the workplace but also in our homes.

Will This Truly Be The Month of Pride?

June is historically the month celebrated by the LGBT community as "Pride Month".  This celebration of the LGBT community goes back to the Stonewall Riots of 1969.  These celebrations of pride in our community have evolved into parades and all day events in towns and cities around the world.

This year, 2015, holds a special significance here in the United States as SCOTUS (The Supreme Court of the United States) has before it a number of cases out of the 6th Circuit Court of Appeals dealing with marriage equality.  The Court has yet to hand down its ruling and is not expected to do so until late in the month on its closing day of the session.  This is normal for especially contentious issues before SCOTUS.

But as the decision lands in the month of June, the question in my mind is will this month be a truly pride full month with a decision that makes marriage equality the law of the land.  Or, will SCOTUS make this month one of sorrow?

Let me know your thoughts in the comments below.

Cautious Optimism - Marriage Equality: A Fundmental Right

As I write this, the Supreme Court of the United States (SCOTUS) is about to hear arguments on whether or not states have the ability to define marriage in such a way as to deny same sex couples the fundamental right of marriage.  SCOTUS will also hear arguments as whether or not states have the ability to deny recognition of same sex marriages performed in states where it is legal.

Trying to read the tea leaves, especially before oral arguments, is a fool's errand, but I have a feeling that in a 5 to 4 decision to come out this June, SCOTUS will finally bring marriage equality to all 50 states and the various territories/protectorates.  I think Justice Kennedy will write the majority opinion reaffirming the decision in Loving v Virginia which held that marriage is a "fundamental right" and that government has no business discriminating against same sex couples.

I am cautiously optimistic that marriage equality will become the law of the land.

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.

Marriage Equallity Gets Great Field Position On A Punt From SCOTUS

Sometimes, when the Supreme Court of the United States (SCOTUS) decides it really doesn't want to deal with an issue just yet, it will do what we like to call a "punt".  That is, without comment they decide to let various appellate court decisions stand.  Today, October 6th, 2014, SCOTUS did just that in regards to various marriage equality cases attempting to be reviewed by SCOTUS.

Just as we saw in several NFL games this past weekend, a punt can be a wonderful thing, for either team.  In the case of marriage equality, it is now legal for same-sex couples to get married in 24 states and the District of Columbia and in a very short time, it will be legal in 30 and Washington D.C.  That is incredible field position for advocates of marriage equality, such as myself.  In essence, to further push the football analogy, with the punt from SCOTUS, anti-marriage equality forces are stuck on their own 10 yard line with two minutes left on the clock, only one time out left , down by nine points and their quarterback is playing injured.

But, as we also saw this past weekend, the fortunes of any team can be turned around in the last two minutes.  So we need to watchful of the decision soon to come out of the 6th Circuit Court of Appeals, which could be the first appellate decision against marriage equality.  If that is the case, SCOTUS will most likely need to take up the issue of marriage equality for a full hearing.  I just hope it doesn't come down to the that.

Who Will Decide Hobby Lobby / Conestoga Wood and Why It Matters

Like 99.999999999% of Americans, I am no expert regarding the US Supreme Court (SCOTUS).  But, as the saying goes, I know enough about SCOTUS to be dangerous.  It is a time honored tradition to try and guess what the SCOTUS will do and I will be partaking in that tradition today.  In fact, I am going to try to diving who will write the opinion in Sebelius v. Hobby Lobby aka Hobby Lobby / Conestoga Wood (Hobby Lobby), for who writes the opinion will determine if the decision is (based on your ideology) is good, bad or ugly.

So here we go, starting with the one I think will be the author of the opinion.

Justice Anthony Kennedy: When it comes down to it, Hobby Lobby is about social issues, specifically, the ability of employees to have access to contraceptives through their employer provided health plans.  Except with respect to the matters of abortions and voting rights, Justice Kennedy tends to be on the moderate/liberal side of social issues.  Take for instance his authorship of the opinions in Romer v. Evans,  Lawrence v. Texas and United States v. Windsor.  Both decisions expanded equality under the law to gays and lesbians.  If Justice Kennedy writes the opinion, which I believe he will, look for the court to decide that corporations, even privately held family owned ones, do not have religious liberty, reversing the 10th Circuit Court of Appeals.  The decision would be 5 - 4.

Justice Antonin Scalia / Justice Clarence Thomas: In my view, these two justices are almost interchangable.  Based on their history of supporting the concept of "corporate personhood", either Justice would easily vote to give all corporations religious liberty and the ability to use religion as an excuse to discriminate against its employees.  Either would affirm the 10th Circuit Court of Appeals.  The decision would be 5 - 4.

Chief Justice John Roberts: His potential authorship is what scares the hell out of me.  Seeing how much he loves to "split the baby" when it comes to decisions, his authorship could only spell ugliness.  Take for instance his authorship of the ACA decision where he upheld the ACA but struck down the provision requiring States to expand Medicaid, thus overturning the "power of the purse" legal concept.  This has left millions of Americans in States that refused to expand Medicaid without affordable medical care.  If the Chief Justice is the author, look for him to declare that non-publicly traded wholly family owned corporations have religious liberty while publicly traded and/or non-wholly family owned corporations do not.  It would be a 6 - 3 decision with Justices Scalia, Thomas and Alito in dissent.

Again, this is all speculation.  Who will be the author of the Hobby Lobby decision is anyone's guess, but it is very important as to who will write it.