Will same-sex marriage prevail as the law of the land?

MoonHowler

Washingtonpost.com:

Obergefell, 48, could become as famous as Brown (the lead plaintiff in the historic school-desegregation decision) or Roe (the pseudonym for Norma McCorvey in the case that legalized abortion nationwide). But his goal isn’t to make history; it’s to make sure he is listed as the surviving spouse on his husband’s death certificate.

There are two basic questions being asked of the Supreme Court:

The justices are considering two simple-sounding questions: whether the Constitution requires states to issue marriage licenses to same-sex couples and, if not, whether states must recognize same-sex marriages performed in other states where they are legal.

But the arguments were filled with discussions of equal protection and fundamental liberties, how an understanding of the Constitution changes with society, and when majority rule must give way to minority rights.

 

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Gay marriage legal in Virginia! 10.6.14

MoonHowler

gay scary

The Supreme Court has refused to hear the challenges to same-sex marriages in 5 states, making it legal for gays in Virginia to marry.

Washingtonpost.com:

The Supreme Court on Monday decided not to review rulings that cleared the way for same-sex marriage in Virginia, Utah, Oklahoma, Indiana and Wisconsin, a surprising decision that shows the court is comfortable with the expansion of such unions throughout the nation.

The court’s decision came without explanation and puts off a decision about the constitutionality of gay marriage that would apply to all 50 states. But it sent a clear signal that a majority of the court did not feel the need to overturn lower court decisions that found state prohibitions were unconstitutional. According to a spokesman for Virginia’s Attorney General Mark Herring (D), the U.S. Court of Appeals for the 4th Circuit will issue an order at 1 p.m. that will allow same-sex marriages to begin. At the same time, the commonwealth will recognize marriages performed in states where they already are legal.

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NY Marriage Equality Act passes!

MoonHowler

The codification of same sex marriage rights has passed the house but not the Republican held senate in NY State.  Observers expect the needed vote to come as early as next week.  NY is significant because it it the third largest state by population. 

President Obama stopped short of endorsing the efforts to pass  marriage equality legislation by stating that he is evolving on this issue.  The President sees the issue as a civil rights equality issue but personally struggles with his comfort zone of one man-one woman marriage. 

Should marriage equality  or same-sex marriage be decided at the state level  or should it be national?  Will the courts decide or will legislatures decide?  Should the nation just go with civil unions for all and leave ‘marriage to churches and other religious institutions?  Is this a civil rights issue such as the President believes?

 

Predictable: Judge Topples U.S. Rejection of Gay Unions

MoonHowler

Posted this morning in the New York Times:

BOSTON — A federal judge in Massachusetts found Thursday that a law barring the federal government from recognizing same-sex marriage is unconstitutional, ruling that gay and lesbian couples deserve the same federal benefits as heterosexual couples.

Judge Joseph L. Tauro of United States District Court in Boston sided with the plaintiffs in two separate cases brought by the state attorney general and a gay rights group.

Although legal experts disagreed over how the rulings would fare on appeal, the judge’s decisions were nonetheless sure to further inflame the nationwide debate over same-sex marriage and gay rights.

If the rulings find their way to the Supreme Court and are upheld there, they will put same-sex marriage within the constitutional realm of protection, just as interracial marriage has been for decades. Seeking that protection is at the heart of both the Massachusetts cases and a federal case pending in California over the legality of that state’s ban on same-sex marriage.

Where will this ruling take us? What will happen to all the state ‘defense of marriage’ laws all over the United States? How do same sex marriage bans differ from previous racial marriage bans that were ruled unconstitutional in the 60’s?

Should Same-Sex Marriage Become Legal in D.C.?

MoonHowler

Monday the D.C. Council will begin the final debate on whether to legalize same sex marriage in the District of Columbia. According to the Washington Post:

After months of strategizing, the debate over whether the District should legalize same-sex marriage is entering its final stages as a council committee takes up the issue Monday. Hundreds have signed up to testify, setting the stage for one of the largest council hearings ever, officials said. Another hearing Monday is scheduled before the D.C. Board of Elections and Ethics, which must decide whether to allow a ballot initiative on whether marriage in the District should be restricted to unions involving one man and one woman.

To get an initiative on the ballot, its supporters must convince the elections board that their proposal would not discriminate against gay men and lesbians. Most legal observers expect the board will deny the request. This summer, the board rejected a referendum proposal to block the city from recognizing same-sex marriages performed in other states.

Protestors and supporters of same sex marriage have signed up to speak. The Council is expected to approve same sex marriage before Christmas.

Because of the location and uniqueness of Washington, D.C., whatever happens will very much affect Virginia, Maryland, and other near-by states. Much of what the Council will consider involves protection of churches and clergymen who oppose same-sex marriage.

Some of the testimony will center on whether the bill, which is sponsored by council member David A. Catania (I-At Large), goes far enough in exempting religious groups and affiliated organizations from having to participate in same-sex weddings.

Under the draft before the committee, churches and religious officials would not have to marry same-sex couples. Religious organizations could also deny reception space and other services to same-sex couples “unless the entity makes such services, accommodations, or goods available for purchase, rental, or use to members of the general public.”

Other than symbolism, how does same-sex marriage change anything? Since D.C. is not a state, can the federal government impose any sort of sanctions on what they might be getting ready to do? Would only those same-sex couples who reside in D.C. be able to actually benefit from marriage?

Should the legislation pass making same-sex marriage legal in D.C., should same-sex couples be entitled to everything traditional married couples  are    entitled to?  If someone doesn’t approve of inter-racial marriage, are they allowed to opt out?  Can’t ministers refuse to marry people without giving a reason?

How would this legislation affect same sex couples who live in Virginia?  While Virginia does not recognize same sex marriage, could the couple be arrested?  Would they be able to file a joint federal tax return and not a joint state return?  Just how would all of this work? 

The Virginia Marriage Amendment

(And then those after thought questions:  will I be sorry I posted these question?)