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Same-Sex Marriage Is a Right, Supreme Court Rules

nytimes.com

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Re: Same-Sex Marriage Is a Right, Supreme Court Rules

#41
post #11

"A recent Gallup poll found that 60 percent of Americans – an all-time high – support extending the same rights and privileges to same-sex marriages as traditional ones." only 60% of US citizens support same-sex marraige? in my area it is more like 90-95%, this was surprising and sad for me to hear

But look at the rate of increase.

It's only in the recent past that it broke the 50% barrier.

The trend is upwards - 60% is not the end point.

Re: Same-Sex Marriage Is a Right, Supreme Court Rules

#42

Is there a general summary of the arguments made by the dissenting 4?

Roberts: definition of marriage should be made by legislation.

Scalia: The Supreme Court has too much power any time it does not agree with me.

Thomas: Due Process doesn't include right to be married.

Alito: Power in this matter is reserved to the States individually. Also, the Supreme Court has too much power any time it does not agree with me.

Re: Same-Sex Marriage Is a Right, Supreme Court Rules

#43

Is there a general summary of the arguments made by the dissenting 4?

It's almost assuredly a "States Rights" argument. I'd be really shocked if it wasn't.

Not sure why you got downvoted because I'm reading Roberts' decision now and that's a big part of it.

Re: Same-Sex Marriage Is a Right, Supreme Court Rules

#44
post #18
post #10

Earlier quoted context omitted.

I don't think he meant it like that. I echo the sentiment: it shouldn't have come to this. It should not have been a social, political, or legal issue. There's so much hate and bigotry in this country that needs to go away. edit: at least I hope he didn't mean it like that :(

Whichever way he meant it, his comment shows a very dismissive attitude toward the massive work that was involved in accomplishing this. It's true it shouldn't have been a fight, but it was. And the idea that there are so many "more important" issues, is also incredibly dismissive to how important the right to marriage equality is.

Just because you see it as dismissive doesn't make it so. You don't get to decide the intent of the statement. You can state your opinion about it and ask for clarification, but you don't get to define it for your own purposes.

Re: Same-Sex Marriage Is a Right, Supreme Court Rules

#46

Yeah, I'm still slightly pissed they basically waited until the majority was clear before they'd rule on the matter. Its another clear sign our Judiciary is really just as political as the politicians are, even if no one says so openly. > As late as October, the justices ducked the issue, refusing to hear appeals from rulings allowing same-sex marriage in five states. That decision delivered a tacit victory for gay r…

> Yeah, I'm still slightly pissed they basically waited until the majority was clear before they'd rule on the matter. Its another clear sign our Judiciary is really just as political as the politicians are, even if no one says so openly.

I'm a strong supporter of gay marriage, but I'm glad the Court waited until the consensus was clear. At bottom, this isn't a right flowing from the dictates of the Constitution. Nobody in 1789 would have said that gay marriage is a fundamental right. We acknowledge the right today for the same reason we acknowledge many other rights we did not acknowledge then--society as a whole has agreed to recognize the right and bind itself to enforcing it. It is important that the Court not act ahead of society.

I'm also a strong supporter of abortion rights, but I can't help but wonder if in the long run abortion rights wouldn't be in a stronger position today had the Court waited a bit longer for public consensus to catch up before dictating a result.

Re: Same-Sex Marriage Is a Right, Supreme Court Rules

#47

Is there a general summary of the arguments made by the dissenting 4?

I think they summarise their arguments themselves. For example

"Although the policy arguments for extending marriage to same-sex couples may be compelling, the legal arguments for requiring such an extension are not. The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition."

[p. 2 of Robert's opinion, p. 41 of the pdf] http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

Re: Same-Sex Marriage Is a Right, Supreme Court Rules

#48
post #6

Hopefully this whole "issue" will just go away soon...so many more important things that deserve the public's attention. Edit: To clarify, I support marriage equality and believe this is great news that deserves celebrating.

Spoken like a straight person who has never been denied the ability to do something straight people take for granted.

I think it was meant more that this decision and this right for LGBTQ to get married should have been made ages ago. As a society, we're continuing to spend resources fighting amongst ourselves to combat bigotry, anti-intellectualism, etc. In an ideal world, we'd have stomped all these out already and would be working together towards the future. Sadly, we don't live in an ideal world, so we must expend these resources and effort fighting injustice and inequality.
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