Friday, June 26, 2015

Supreme Court legalizes gay marriage nationwide

This morning the Supreme Court released its long-awaited decision on legal gay marriage.  The Court ruled in favor of the gay plaintiffs. "The justices found that under the 14th Amendment, states must issue marriage licenses to same-sex couples and recognize same-sex unions that were legally performed in other states. Justice Anthony Kennedy delivered the majority opinion and was joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen G. Breyer and Sonia Sotomayor. "   The decision rested on both the due process and equal protection clauses. This decision is consistent with recent precedents and appears to  be the correct result. I applaud the Court! The decision is also consistent with public opinion and the statewide trend in new laws.  There will be widespread celebrating across the nation. 


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  2. I strongly disagree with today's SCOTUS decision that forces states to recognize gay marriage. In 2008, Californians' overwhelmingly voted for proposition 8, but it was struck down by the state and federal courts. IMO, these courts and SCOTUS accomplished nothing more than to open a Pandora's box to the detriment of society. Brutus said it best in 1788, "...the judicial power of the United States ...would be authorized to explain the constitution, not only according to its letter, but according to its spirit and intention; and having this power, they would incline to give it such a construction as to extend the powers of the general government, as much as possible, to the diminution, and finally to the destruction, of that of the respective states.". Gay marriage is by far a different matter than slavery. The unjust discrimination of individuals only applied to the latter.

  3. 44: Thanks for the comment.I agree with Brutus that the federal courts have generally supported expansion of federal power. However, the Constitution is the supreme law of the land and we have long accepted, for better or worse, that the S.Ct. has the final say. State laws which contravene the Constitution are null and void. Equal protection and due process are constitutional rights. They take precedent over states 'rights. However, there is a remedy. Amend the Constitution. This will not happen, as a majority of Americans support legal gay marriage. Arguably the Court's decision mirrors the views of the American public and most state governments.