The Phoenix Network:
 
 
 
About  |  Advertise
 
News Features  |  Talking Politics  |  This Just In
WFNX_1000x50g

Marriage and the Supremes

What will the highest court say about same-sex matrimony?
By JEFF INGLIS  |  June 2, 2010

Fighting back: Two cases in federal court here in Massachusetts could help turn the national tide against DOMA. By Deirdre Fulton.

Open service: Repeal of military’s gay ban moves forward. By Kegan Zema.

Visiting hours: Obama expands rights of same-sex partners. By Andrew Steinbeiser.

It's a given that, at some point — whether in these DOMA challenges or some other future cases — the US Supreme Court will hear a case relating to same-sex marriage. Can we read any tea leaves for indications of how they will rule?

Quoted in a National Law Journal article last August, Michael Dorf of Cornell Law School predicted that the justices would take a broader view than just examining "technical legal issues," saying they would "think about whether it's right" in light of their individual views.

With the departure of Justice John Paul Stevens, who has been the court's leader in opposing discrimination and protecting gay rights, we have only two recent rulings to examine for guidance.

In January, the court reversed conventional wisdom in a split decision, with the conservative majority saying it is not gays and lesbians who needed protection from "harassment as a result of public disclosure" of their sexuality, but rather the opponents of same-sex marriage who face public scorn for their views and need legal protection for their freedom of expression.

And in March, a solo ruling by Chief Justice John Roberts Jr. refused to prevent same-sex marriage from becoming legal in Washington, DC, basing his decision in part on the failure of Congress to act on that matter. Justices reviewing a challenge to DOMA will encounter a very different stance from Congress, and may well base their decisions in part on that.

Related: Visiting hours, Open service, Fighting back, More more >
  Topics: News Features , Barack Obama, Health and Fitness, Social Issues,  More more >
| More

ARTICLES BY JEFF INGLIS
Share this entry with Delicious
  •   GOP RUNNERS FOR FEDERAL OFFICE GET SQUIRRELY; DEMS AND INDEPENDENTS SHARE ANSWERS  |  May 30, 2012
    This year's candidate questionnaire was little different from past years.
  •   CELESTIAL UPDATE  |  May 30, 2012
    Back in the 18th century, observing the Transit of Venus took a ridiculous amount of effort, involving ships, draft animals, wagons with wooden wheels, and telescopes made by the best optics engineer in the world. Today — say it with me — there's an app for that.
  •   ASK QUESTIONS  |  May 30, 2012
    Portland residents concerned about the drowning death of Nathan Bihlmaier saw the advantage of having competing news organizations last week, and may yet continue benefiting from this as the investigation continues.
  •   OBAMA OCCUPIES  |  May 02, 2012
    It's no surprise that the mainstream media are treating the latest policy moves by President Barack Obama as part of the strategic maneuvering supporting his reelection bid.
  •   SMALL CITIES POISED TO THRIVE  |  April 25, 2012
    The future of America can be found not in its largest cities nor its deepest wilds, but in the small cities dotting its landscape, recovering from decades of neglect and economic ravaging.

 See all articles by: JEFF INGLIS



  |  Sign In  |  Register
 
thePhoenix.com:
Phoenix Media/Communications Group:
TODAY'S FEATURED ADVERTISERS
Copyright © 2012 The Phoenix Media/Communications Group