Meanwhile, our President just delivered a truly moving eulogy in Charleston.
The federal government should have no involvement in marriage whatsoever, this is a quintessential states' rights issue.
After this ruling why should there even be any states' rights, shouldn't everything be one size fits all? Why even have states/borders?
The federal government should have no involvement in marriage whatsoever, this is a quintessential states' rights issue.
After this ruling why should there even be any states' rights, shouldn't everything be one size fits all? Why even have states/borders?
Sorry we are one nation not 50 different sovereignty's.
Well based on this view inter-racial marriages should also be allowed or disallowed on a state by state basis and the same with segregated facilities etc.
Our nation and its president have had a very good week. Why can't everyone just be proud and happy? This rooting against the country and President Obama because of personal political beliefs has grown tiresome. Every American should have their civil rights and be eligible for healthcare coverage. Since my wife and I got our healthcare through Obamacare, we are thrilled by the latter. We're also encouraged to see our country moving in a positive direction. We've still go a long way to go, but there are many more happy Americans today than there were prior to the 2008 election. Would someone care to explain why this might be a bad thing?
I dunno JimSouls how the historians will record this or how it will be recorded in US History II books, probably incorrectly. I just learned that Lincoln was a racist who wanted to send Negroes back to Africa, so Lord knows how those incompetent public schools will teach this historical era.
Donnie, there is nothing wrong with all Americans being able to have health insurance. Does it need tweaking? Yes, but that doesn't mean making people go without.
As for your opinion on same-sex marriage, it is beyond lame. I disagree that homosexuality is "some form of mental illness.," and it's not my (or your) business anyway. If you think the country is "going down the shitter" because more people are now going to be married and happy, I feel sorry for you. Gay people being able to marry doesn't hurt one single person in this country. Not one.
They said the next step would be transgenders and gender-neutrals, meaning, for instance, removing the gender separation in public restrooms.
I'm sorry, you are what your chromosomes say you are (and yes, there are rare XYY's and XXY's, etc), and clearly these people have some form of mental illness.
I agree with you here, I thought the Supreme Court ruling was wrong because of the impact on federalism. This seemed like the quintessential states' rights issue but then 14th Amendment reared its head. So be it.
Based on the majority opinion though, anything that is legal in your home state is now also legal in any other state you may be in. Like concealed carry and marijuana. Gambling too. It's a great day.
About 40 million people are still uninsured...can't even really check that box
I've still yet to hear a good reason why any American would be against gay marriage. Oh wait, it doesn't matter anymore because marriage equality is now the law of the land. Thus ends a terrific legacy week for our President. America keeps moving forward.
Well based on this view inter-racial marriages should also be allowed or disallowed on a state by state basis and the same with segregated facilities etc.
Sorry we are one nation not 50 different sovereignty's.
This is a civil rights issue and by its very nature a national issue.
But for the sake of argument even if the SC ruled it a state issue they would have been required to give the marriages full faith and credit from one state to another should the couple move to another state. If the court did that it would have pretty much had the same effect as yesterday's decision.
Muggsy, as someone who works in a public school in Northeast Tennessee....
Chief Justice Roberts said:Petitioners make strong arguments rooted in social policy and considerations of fairness. They contend that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the past six years, voters and legislators in eleven States and the District of Columbia have revised their laws to allow marriage between two people of the same sex.
But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise “neither force nor will but merely judgment. ” The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton) (capitalization altered).
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 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-decouples, or to retain the historic definition.
Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens—through the democratic process—to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept.
”There is no serious dispute that, under our precedents, the Constitution protects a right to marry and requires States to apply their marriage laws equally. The real question in these cases is what constitutes “marriage,” or—more precisely—who decides what constitutes “marriage”?....The majority purports to identify four “principles and traditions” in this Court’s due process precedents that support a fundamental right for same-sex couples to marry. Ante, at 12. In reality, however, the majority’s approach has no basis in principle or tradition, except for the unprincipled tradition of judicial policymaking that characterized discredited decisions such as Lochner v. New York, 198 U. S. 45. Stripped of its shiny rhetorical gloss, the majority’s argument is that the Due Process Clause gives same-sex couples a fundamental right to marry because it will be good for them and for society. If I were a legislator, I would certainly consider that view as a matter of social policy. But as a judge, I find the majority’s position indefensible as a matter of constitutional law....
Allowing unelected federal judges to select which unenumerated rights rank as “fundamental”—and to strike down state laws on the basis of that determination—raises obvious concerns about the judicial role. Our precedents have accordingly insisted that judges “exercise the utmost care” in identifying implied fundamental rights, “lest the liberty protected by the Due Process Clause be subtly transformed into the policy preferences of the Members of this Court.” Washington v. Glucksberg, 521 U. S. 702, 720 (1997) (internal quotation marks omitted); see Kennedy, Unenumerated Rights and the Dictates of Judicial Restraint 13 (1986) (Address at Stanford) (“One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system.”).
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Justice J [I]ALITO[/I] said:For today’s majority, it has a distinctively postmodern meaning. To prevent five unelected Justices from imposing their personal vision of liberty upon the American people, the Court has held that “liberty” under the Due Process Clause should be understood to protect only those rights that are “‘deeply rooted in this Nation’s history and tradition. ’” Washington v. Glucksberg, 521 U. S. 701, 720–721 (1997). And it is beyond dispute that the right to same-sex marriage is not among those rights.....If a bare majority of Justices can invent a new right and impose that right on the rest of the country, the only real limit on what future majorities will be able to do is their own sense of what those with political power and cultural influence are willing to tolerate. Even enthusiastic supporters of same-sex marriage should worry about the scope of the power that today’s majority claims.
Justice C Thomas said:The Court’s decision today is at odds not only with the Constitution, but with the principles upon which our Nation was built. Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The Framers created our Constitution to preserve that understanding of liberty. Yet the majority invokes our Constitution in the name of a "liberty” that the Framers would not have recognized, to the detriment of the liberty they sought to protect. Along the way, it rejects the idea—captured in our Declaration of Independence—that human dignity is innate and suggests instead that it comes from the Government. This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic. I cannot agree with it.
Justice J [I]SCALIA[/I] said:Those civil consequences—and the public approval that conferring the name of marriage evidences—can perhaps have adverse social effects, but no more adverse than the effects of many other controversial laws. So it is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact—and the furthest extension one can even imagine—of the Court's claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.
You do realize dissenting opinions are not the law don't you? Its like game 7 of the World Series and your team loses 5-4. The game is over. No reason to argue anymore. You lost. Live with it.
Tom K
Unlike Dred Scott, they got this right on first try.Gee, Tom, is that really what "dissenting" implies??
I post this because it points out in detail how this decision is bad law. And scary precedent. Whether you were a lawyer or not --- I understand you are --- in reading all of the five opinions (four dissenting) it seems obvious that this issue is no more "over" than Dred Scott was (or the many other cited "bad law" precedents were).
Time will tell.
You do realize dissenting opinions are not the law don't you? Its like game 7 of the World Series and your team loses 5-4. The game is over. No reason to argue anymore. You lost. Live with it.
Tom K
You do realize dissenting opinions are not the law don't you? Its like game 7 of the World Series and your team loses 5-4. The game is over. No reason to argue anymore. You lost. Live with it.
Tom K