Will the SCOTUS move gay marriage, like abortion, to the states?

[j brown's body]

I got a paywall. It should be a real concern. Nibbling around the edges of state recognition, raises very complicated questions to unravel the marriage contract rights and responsibilities of thousands of spousal couples in different ways as state legislatures write the new laws, restrictions and people cross state borders.

To say that it would be legally messy is not going to be much of a deterrent to the MAGA crowd, their legislatures or their justices.

Believe it or not there are actual gay supporters of Trump, who have argued how 'supportive' Donny is of SSM and sing the 'settled law' chorus, while he appoints judges who actively undermine the legal underpinnings of Obergefell and Roe. They are utter morons! Trump could care less about gay rights or SSM. He will do what is expediant and what is sycophant fundamentalist Christians allies ask.

The gay supporters of Trump I have seen seem to like his war on trans. Takes the heat off them.

 

[Stealers Wheel]

Anyone want to venture an opinion on the topic?

Marriage cannot be a states' issue. While a state can say "we won't allow gay marriage in this state," they cannot refuse to honor the laws of other states. If someone is married in another state and moves, the new state cannot say "We don't recognize your marriage." There are contractual, financial, inheritance, child custody, and a myriad of other rights and obligations that accompany marriage that can't simply disappear by crossing a state line.

 

[cpwill]

"Since Obergefell established gay marriage as a constitutional right, protected by the 14th Amendment’s due process clause, the ruling cannot be overturned by Congress or an executive action. (Four justices would need to agree to hear a case to reconsider the ruling, and then five justices would need to agree to overturn it.)

In his majority opinion, Justice Anthony M. Kennedy wrote that the “right to marry is a fundamental right inherent in the liberty of the person, and under the due process and equal protection clauses of the 14th Amendment, couples of the same sex may not be deprived of that right and that liberty.”

Since then, however, both Justice Thomas and Justice Samuel Alito have seemingly urged the court to reconsider the decision, which they say is an invented right that is not rooted in the Constitution and that stigmatizes people of faith.

Even if Obergefell was reconsidered, Congress put another backstop in place to protect families against any future rulings from a conservative majority that could chip away at their rights. Just six months after the decision in Dobbs v. Jackson Women’s Health Organization took away the constitutional right to an abortion, President Biden signed the Respect for Marriage Act into law at the end of 2022: It officially erased the Defense of Marriage Act of 1996, which defined marriage as being between a man and a woman, and requires federal, state and local governments to recognize valid marriages without regard to sex, race or ethnicity.

But the bipartisan law — supported by 61 senators and 258 House members — doesn’t go as far as requiring all states to issue marriage licenses. If somehow Obergefell was overturned, the ability of same-sex couples to marry would be restricted to states that permitted it."

Link

Seems like a distinct possibility. Rather ironic, coming from Clarence Thomas.

No. Thomas is the only vote for this on the court, as made clear in the Dobbs concurrences.

/thread.

 

[btthegreat]

The gay supporters of Trump I have seen seem to like his war on trans. Takes the heat off them.

Its an old story in the LBGTQ novel. 'We' ( I refer to the the L &G letters here) have had bouts of middle school angst about our friends, the drag queens, and 'tranvestites' and transexuals that we got to know in major urban center streets, all miscasts from homes, schools and churches along side the rest of the homeless and dipossessed youth. We were natural allies in arms against gangs, thieves, bullies, hunger and the cops and we sorta grew up together in our nascient Stonewall stage of the movement. They stood with us over and over and over again when gay youth or gay men's movement needed numbers or support. But there have always been gay and lesbian voices pointing out that the 'suits' with the big money never like them and middle America is wierded out by a bras and adam apples, dresses and 5 o clock shadow.

We want to sit at the popular kids table with the footballers and cheer leaders, now that they are showing an interest in us and we have our rights, the price is ditching our best friends since gradeschool.... hmmm.



The people you leave behind from on the way up the ladder, may be the same people you need to catch you after you get pushed back off.