Posted on June 26, 2015 by Michael
Three years ago I made a prediction about Political Figure Antonin Scalia regarding his professed adherence to stare decisis as it relates to same-sex marriage:
…Lawrence v Texas established adequate precedence for the constitutional legalization of same-sex marriage. At least it did in political figure Scalia’s view. (In reality, the 14th Amendment established it.) That means that once same-sex marriage makes it way to the Supreme Court in the coming years, Scalia is going to rule in favor of it. That is, if he really does care about stare decisis. But I wouldn’t bet on it.
I hope I’m wrong, but here’s my prediction: Scalia is going to rule against same-sex marriage in overt defiance of the principles he pretends he holds.
What I was arguing here was that Scalia had whined in Lawrence that the Court’s decision to disallow governmental interference in the bedroom of consenting adults had, effectively, established precedence for same-sex marriage. That is, Scalia wrote in his dissent that if the Court could overturn a state’s ability to legislate against something based upon a moral opposition to homosexuality, then it would also have the power to overturn a state’s ban on same-sex marriage. Since Scalia is a self-professed lover of stare decisis – he believes past decisions must be taken into account in new decisions – it would only make sense for him to side with same-sex marriage proponents. Even though he dissented in Lawrence, the decision set precedent that, according to Scalia himself, the Court had the necessary latitude to strike down any ban on same-sex marriage that was premised on moral opposition. Today, however, he dissented in Obergefell v. Hodges, in blatant violation of his alleged principles and in full satisfaction of my three year old prediction.
Filed under: News, Same-sex marriage | Tagged: Same-sex marriage, Scalia | 1 Comment »
Posted on May 14, 2014 by Michael
I’ve lost track of how many states have gained more freedom over the past year. Idaho is one of the latest:
A federal judge who struck down Idaho’s ban on gay marriage as unconstitutional denied a bid by the conservative state’s governor on Wednesday for a stay of the decision while Idaho pursues an appeal of the case.
The governor, Republican C.L. “Butch” Otter, called the ruling “regrettable” and vowed to petition a higher court to keep the state’s gay marriage prohibition intact until the case has run its course through the judicial system.
U.S. Magistrate Judge Candy Dale overturned Idaho’s ban on same-sex matrimony on Tuesday, saying it relegated gay and lesbian couples to second-class status in violation of constitutional guarantees of equal protection under the law.
Her decision was the latest in a recent flurry of opinions by federal judges striking down restrictions on same-sex marriage in states across the country – from Utah to Virginia.
It’s only a matter of time.
Filed under: Rights, Same-sex marriage | Tagged: Idaho, marriage | Leave a comment »
Posted on May 10, 2013 by Michael
I find this one particularly satisfying given the interactions I’ve had with some bigots from Minnesota:
Minnesota is poised to become the second Midwestern state to legalize same-sex marriage after the state House of Representatives approved a bill Thursday that would allow the practice.
The House had been considered the measure’s toughest hurdle. The bill passed 75 to 59 and heads to the state’s Democratic-majority Senate, which is expected to consider it Monday.
Gov. Mark Dayton, a Democrat, has said he will sign the measure.
Unsurprisingly, the biggest objection to equality came from the religious quarter. Denouncing that they were bigots, many appealed to the fact that their misgiving were premised not in hatred, but rather deep belief. As if the sincerity of the bigotry changes that it is, in stark fact, bigotry.
Filed under: Rights, Same-sex marriage | Tagged: Minnesota, Same-sex marriage | Leave a comment »
Posted on May 8, 2013 by Michael
As more and more Americans begin to realize that sexual orientation and morality have zero connection, more and more states keep making marriage equal:
In the past week, Rhode Island and Delaware became the 10th and 11th states to approve gay marriage. But so far, only legislatures in coastal or New England states have voted affirmatively for gay marriage. Except for Iowa, which allows gay marriage due to a 2009 judicial ruling, same-sex couples can’t get married in flyover country.
Minnesota might go first, but Illinois could be close behind. The state Senate there voted in February to allow same-sex marriage, and supporters think they’re close to securing the votes needed to get it through the House and on to Democratic Gov. Pat Quinn, who says he’ll sign it.
Officially, Maine was the first state to make marriage equal by way of the ballot box, but it soon became officially legal in Maryland and Washington the same night. Not long after, Rhode Island caught up with the rest of New England through the legislative process, and, to the surprise of many, did it with very strong Republican support. Now the states that value liberty the most eagerly await the next moves in the mid-west and west.
Filed under: Rights, Same-sex marriage | Tagged: Illinois, Maine, Marriage equality, Minnesota | Leave a comment »
Posted on April 14, 2013 by Michael
At least for the vast majority, that is. See here:
With no debate, Republicans at the party’s spring meeting here on Friday unanimously approved a number of resolutions, including one that reaffirmed the party’s opposition to same-sex marriage.
“The Republican National Committee affirms its support for marriage as the union of one man and one woman, and as the optimum environment in which to raise healthy children for the future of America,” the resolution read. The 157 RNC members present approved it in a voice vote.
I’ve made the claim in the past that the reason people turn to the GOP is out of their conservative Christianity. To me, this is a very tiny, very obvious claim. Basically dishonest people who aren’t interested in critical thinking (or doing any research, but I digress), such as the odious Michael Hartwell, have tried to spin my statement in a way where in order to prove it I would have to explicitly know the minds of every single Republican. Under his requirements, we could never surmise why anyone becomes anything if the group we’re discussing is sufficiently large. (This is interesting, too, since he has gone the racist route of claiming that blacks vote for Democrats because they benefit from and like handouts.)
At any rate, I think this is all quite obvious: Most people who become Republican are first fundamentally religious, soon recognizing that there is a political party which reflects their religiosity. The re-affirmation of the GOP’s opposite to marriage equality is a perfect example of this because there are no good (or even honest) secular arguments against allowing same-sex couples their constitutionally guaranteed right to marriage. That is, it is the base Christianity that underlies the Republican party that has caused this vote and view; we don’t live in some backwards world where people became bigoted Republicans all on their own, later noticing that a particular cultural religion happens to exactly reflect their positions.
Filed under: News, Religions, Same-sex marriage | Tagged: bigots, Michael Hartwell, Republicans, Sentinel & Enterprise | 2 Comments »