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Supreme Court considering rolling back same-sex marriage [SPLIT]

rareboy

rareboy

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The Supreme Court is now officially considering taking up a case overturning same-sex marriage.

This is the first time in history the court has considered rolling back this right.
 
Oh really. What case would that be then?

Same sex marriage in England and Wales was introduced by the Marriage (Same Sex Couples) Act 2013. The Supreme Court can interpret the application of the legislation, but it can't strike it down. I doubt that anything is going to be overturned or rolled back.
 
unloadonme said:
Oh really. What case would that be then?

Same sex marriage in England and Wales was introduced by the Marriage (Same Sex Couples) Act 2013. The Supreme Court can interpret the application of the legislation, but it can't strike it down. I doubt that anything is going to be overturned or rolled back.
Click to expand...
You may not understand how it works in the US.

States may currently or in future enact their own legislation regarding Marriage. There is no federal law guaranteeing same sex marriage in every state in the US. Only that currently, under Obergefell, states cannot deny same sex marriage under the Federal Constitution.

If the SC strikes down Obergefell, it will devolve back to the States in the absence of a federal law to determine whether they permit same sex marriage or not.

All is not entirely lost. The Congress did pass a protection of equal marriage law which theoretically means that a homo marriage in one state that allows it is valid in other states.

The British Supreme Court is much different animal than the USSC.

And the SC had no compunction about overturning Roe v. Wade which every Republican SC nominee agreed was established law during their confirmation hearings.

This SC, dominated by far right Catholic judges will not hesitate to gut Obergefell.
 
Your first post was originally in the thread "UK Supreme Court Decision on Gender", which implied that you were suggesting that a same sex marriage case was with the UK Supreme Court. It's now been split off into a separate thread and you've clarified that you were referring to the US Supreme Court. That, as you say, is an entirely different animal.
 
Sorry. I thought I had posted in the lgbtq rights thread but obviously had clicked on the one above it.
 
The SC will mostly certainly take up the case. Under the rule of four, it will most certainly be taken up and overurned by the Roberts bloc.

im.jpg
 
What exactly is being proposed then? The 2015 Supreme Court case of Obergefell v Hodges established same sex marriage in the 14 states which hadn't already legislated for it. Is the Supreme Court being asked to reverse this decision or is there another issue for trial?
 
It could be a grab-bag of things.

Kim Davis is trying to get exemptions from marrying same sex couples on the basis of faith convictions (3times married herself).

Others want clarifications on other items or the overturn of Obergefell entirely.

www.yahoo.com

US Supreme Court: Kim Davis’ Case Targets Obergefell’s Overreach, Amicus Briefs Rally

The Supreme Court may revisit Obergefell as Kim Davis, jailed for refusing same-sex marriage licenses, seeks review, sparking debate.
www.yahoo.com www.yahoo.com
 
I can understand that people might seek exemption from carrying out same sex marriages on the basis of faith (or bigotry depending on your point of view). Over here, the entire Church of England is exempt for that very reason.
 
With religious freedom in the USA, any church can refuse marriage to any couple. No reason need be given.
But civil marriage? The Kim Davises of the USA can't be so arbitrary. Fraud, kinship, bigamy can stop marriages. It's in the law.
Same-sex marriage is expressly permitted in some states. In others, it's permitted due to the Supreme Court ruling. That's what's in danger.
 
If civil clerks are given an exemption for sexuality, it will also theoretically apply to refusing to marry mixed race couples.

But let's see how the Roberts court will carve out something in the Amendment to attack the foundations of Obergefell. If they are as vicious as I think, they will lay the groundwork for the legal reasons to overturn of same sex marriage by hostile legislators in a lot of states that currently allow it on their books.
 
They are just waiting for the overturn of Obergefell.

And if the religious exemption applies to judges, it will apply to everyone.

im.jpg
 
One victory. Finally.

Now Kim Davis and the rest of all of them can fuck the fuck off.
 
unloadonme said:
Doom monger! ;)

Actually, I'm a little surprised by the decision, but it's a great result.
Click to expand...
They dodged a bullet. Someone might have tapped Uncle Thomas on the shoulder and reminded him that his marriage is dependent upon another Supreme Court decision about marriage rights.

www.scotusblog.com

Supreme Court declines to hear case on constitutionality of same-sex marriage

The Supreme Court on Monday morning turned down a request from Kim Davis, a former county clerk in Kentucky, to reconsider its 2015 decision recognizing a constitutional right to same-sex […]
www.scotusblog.com www.scotusblog.com


Of course, Texas (the National Laboratory for MAGA Hate and Bad Government) is queueing up another case to try to overturn Obergefell.

www.newsweek.com

Texas Supreme Court rules judges can refuse same-sex marriages

The court said judges who refuse to perform same-sex marriages based on "sincerely held religious beliefs" do not violate the state’s rules.
www.newsweek.com www.newsweek.com
 
An interesting case from Europe. The European Court of Justice has held that all EU member states (specifically Poland in this case) were obliged to recognise a same-sex marriage between two EU citizens.

www.bbc.co.uk

Same-sex marriage must be respected throughout EU, top court tells Poland

The ruling covers the case of a Polish couple who married in Berlin but Polish authorities refused to recognise their marriage.
www.bbc.co.uk www.bbc.co.uk
 
Good news.

Eastern European countries seem to be a bit behind the times. Poland more than ever need to look west and not east or south east to the Orthodox Church.
 
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