Discussion for article #231921
Perhaps the SCOTUS will offer a decision out of left field that not only declares same-sex marriage to be a Constitutional right, but also declaring it to be mandatory.
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Isn’t the horse already out of the barn on this, at least in the many states that opted not to fight the lower court rulings and began issuing marriage licenses to same-sex couples? Even if the Supreme Court says that each state can decide for itself on this topic, will states nullify marriages that have already been licensed and occured?
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This goes the right way and Scalia’s dissent is going to be a giant, frothy, bigot-screed for the record books. Can’t wait to read it and weep tears of schadenfreude.
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I can’t wait to see the catastrophic meltdown and apoplexy on the right. Also,I very much appreciate that this decision will come down a little more than a month before the first GOP debates.
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Good point.
ROPE!!!
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Please, please, TPM, hire a lawyer or at least consult with one on these legal stories. There is so much wrong with this story that it is ridiculous. Most importantly, the Supreme Court will not be deciding whether same-sex marriage is a “Constitutional Right”. Rather, to state it simply, the Court will be deciding whether laws enacted by certain states that restrict marriage violate the rights conferred by the Constitution. It’s a pretty big difference. Obviously, there is no right articulated in the Constitution that addresses same sex marriage.
What is your point? If it is protected by the 14th or due process or privacy or any of the other rights explicitly or implicitly contained in the constitution, then it is a “Constitutional Right.” You’re basically complaining that TPM took a right turn instead of taking three lefts. Everyone understands the shorthand. Everyone.
What really matters here is what issues have been preserved for appeal by the party challenging the bans. If they’ve preserved the issues of equal protection or due process, etc., such that they will be put before the SCOTUS for a decision, then yes, the result of the decision could very well be that gay marriage is protected by the Constitution and therefore considered a “Constitutional Right.” The danger, of course, is that the conservatives will find a way (they’ll certainly try) to argue that they need not reach those issues and can decide the case on more narrow grounds.
And yes, I’m an attorney.
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Mandatory gay marriage is going to be terrible for everyone who’s already regular-married. Can we all live in the same house or do I have to get a separate house for each family? Sounds expensive. Anyway, thanks for taking my call. I’ll hang up and listen.
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And yes, I’m an attorney.
Please tell me you have your face on the sides of buses with a catchy cuss word slogan and an easy to remember phone number. I need this to be true.
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I wish! That would be so fucking funny!
“Looking to fuck someone? Call me…” haha
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You must be a hoot in court when your dander is up.
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Although I’m pretty optimistic that both decisions will favor same-sex marriage, I would not be surprised if the court decides it’s lawful for states to not issue same sex marriage licenses if they choose (basic states rights view) but they must accept the same-sex marriage license of another state as true and valid (basic states recognizing state’s contracts view). That would make for a lot of uncomfortableness in some state capitals.
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5-4 here we come.
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“Earlier this year the Supreme Court declined to take the cases, which paved the way…”
Sahil, still stuck in 2014.
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With the clown-crew five who knows these days, but it would be undoing the clear precedent set in Loving v. Virginia.
Not to pile on but from an editorial perspective, you can’t always pack every technical subtlety into a story that’s limited to a few hundred words. You’re shooting for the most concise piece you can write. Like you say, the shorthand is clear, and not one reader will somehow think the Constitution explicitly discusses same-sex marriage.
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And then what??? Where does it stop!? Mandatory horse-dog marriages??? AND ppl Being FORCED to gay marrYYING They’re CATS??? I"M not a Racist just sayin the trooth???
-Your Republican co-worker
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When I was a kid in the Seventies there was a lawyer in my small town who advertised in the papers thusly: “Cops got your crops? Call __ __________.” If they had, I would have.
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Personally I think the SCOTUS will finally lance the boil and rule to strike down all bans and that’s the end of it, leaving some possible minor appellate clean-up down the road on full-faith-and-credit stalling in some red-state redoubts. But I am thinking within 24 months full marriage equal rights in all 50 regardless of gender.
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