Jtic Kennedy and Slia and their divi on gay rights - The Washgton Post

Contents:

• READ SLIA GAY MARRIAGE DISSENT: SUPREME COURT JTICE SLAMS 'CONSTUTNAL REVISN'
• ANTON SLIA ROUTELY LED AGAST GAY RIGHTS. THOSE OPNS EXPLA HIS PHILOSOPHY.
• CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT
• SLIA WARNED LAWRENCE V. TEXAS DISSENT THAT STRIKG DOWN SODOMY LAWS WOULD LEAD TO GAY MARRIAGE
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS COULD REMOVE IT NEXT YEAR
• JTICE SLIA'S GAY MARRIAGE ADVICE: 'ASK THE NEART HIPPIE'
• HOW THE SUPREME COURT’S NSERVATIV EXPLAED THEIR VOT AGAST GAY MARRIAGE
• 4 SUPREME COURT JTIC VOTED AGAST GAY MARRIAGE: READ THEIR OPNS
• THE 10 MOST WILD L FROM ANTON SLIA’S EXTREME DISSENT OVER GAY MARRIAGE
• ANTON SLIA CASTS THE DECIDG VOTE ON GAY MARRIAGE IN CALIFORNIA, BUT WHY?
• GAY STUNT ASKS JTICE SLIA TO FEND HIS 'BTIALY' MENTS
• WHO WANTED TO TAKE THE CASE ON GAY MARRIAGE? ASK SLIA
• JTIC KENNEDY AND SLIA AND THEIR DIVI ON GAY RIGHTS
• GAY MARRIAGE ARGUMENTS DIVI SUPREME COURT JTIC

READ SLIA GAY MARRIAGE DISSENT: SUPREME COURT JTICE SLAMS 'CONSTUTNAL REVISN'

” Fally, Slia warned that the lg to extend marriage rights to gay upl across the untry would rob the urt of s power: “Hubris is sometim fed as o’erweeng pri; and pri, we know, goeth before a fall. Protters opposed to gay marriage rallied ont of the Supreme Court Washgton on Thursday. Urt ultimately cid to end the ban on gay marriage, lg that the 14th Amendment requir stat to marry same-sex upl as well as regnize their marriag legally performed other stat.

Perhaps no cha of s monstrated this better than Slia's very nsistent opposn to gay rights.

In his view, wasn't so much that he was opposed to gay rights — although he was — but that such rights simply weren't protected by a very origalist terpretatn of the Constutn and s amendments. Slia's opposn to gay rights showed his brand of nservatism. Slia was a nsistent opponent of nstutnal claims ma on behalf of gay rights.

ANTON SLIA ROUTELY LED AGAST GAY RIGHTS. THOSE OPNS EXPLA HIS PHILOSOPHY.

At the heart of Slia's opposn to gay rights was his view that the US Constutn simply did not protect the rights of gay people.

So the three major s that me to the urt sce 2003, Slia oped agast gay rights sometim btal dissents. His lleagu, of urse, argued that the 14th Amendment protected gay people — by forbiddg any level of ernment om passg discrimatory laws that nied people their fundamental rights.

Slia rejected the view, claimg the Constutn, the 14th Amendment, and their amers ma no mentn of gay rights and therefore did not tend to protect gay people.

CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT

Texas 2003, where the Court led that stat' anti-sodomy laws — which effectively banned gay sex — were unnstutnal, Slia warned his dissent that the logic ed to strike down the lg uld upend stat' laws agast same-sex marriage:. The Supreme Court reasoned that all the anti-gay laws were unnstutnal for largely the same reason: They discrimated agast a group of people by whholdg fundamental rights and vlated the 14th Amendment. Slia's stance on gay rights monstrated his origalist view: He believed the Constutn uldn't protect gay rights, bee no one uld envisn, for example, same-sex marriage as an issue back when the Constutn and s amendments were wrten.

So Slia's view, the urt's pro–gay rights cisns read rights and lims to the Constutn that simply didn't exist, and therefore allowed the Court to strike down laws that were, his opn, nstutnally valid.

Homosexual sodomy?

SLIA WARNED LAWRENCE V. TEXAS DISSENT THAT STRIKG DOWN SODOMY LAWS WOULD LEAD TO GAY MARRIAGE

Right after Mary Bonto, the lawyer challengg marriage bans several stat, pleted her argument, a spectator rose om a back row and started screamg, “If you support gay marriage, you will burn Hell! ” Ined, there’s every reason to believe that Slia more or ls shared the protter’s view of the immoraly of homosexualy, and that he regards the Court’s toleratn of gay people as one of the great disasters of his nearly three s as a ’s unter-outburst was a notable ntrast to the rpectful tone of the rt of the argument, cludg om his fellow-nservativ. It is one measure of the succs of the gay-rights movement that all the other Jtic felt pelled to phrase their qutns ways that honored the humany of gay people.

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS COULD REMOVE IT NEXT YEAR

After Bonto said that gay people should be allowed to jo the stutn of marriage, Chief Jtice Roberts replied, “Well, you say ‘jo’ the stutn. “Excludg gay and lbian upl om marriage means the digny of the upl.

JTICE SLIA'S GAY MARRIAGE ADVICE: 'ASK THE NEART HIPPIE'

)Jtice Elena Kagan battered John Bursch, the lawyer for Michigan, wh var versns of the same qutn: What ernmental tert was the state servg by excludg gays om the stutn of marriage? ” Bursch uld never really say what those nsequenc were, nor uld he expla why heterosexual-only marriage had to be prerved for the sake of the children when lots of straight people don’t have kids and lots of gay and lbian people most likely oute still looks like a victory for the plantiffs and marriage equaly all fifty stat. At a mimum, even before the cisn is announced, the argument self was an example of how much the untry, and the Court, has changed on the subject of gay rights.

Supreme Court Jtice Anton Slia said the Supreme Court's lg favor of gay marriage shows jt how much trouble Amerin mocracy is .

HOW THE SUPREME COURT’S NSERVATIV EXPLAED THEIR VOT AGAST GAY MARRIAGE

In a strongly word dissent, the nservative jtice wrote that he did not re that gay marriage was now legal, but he said that the urt's abily to make this cisn reprented a threat to mocracy. The nservative jtice railed agast his fellow jtic, llg the majory opn "egotistil" and potg out that the jtic were a homogeneo group that didn't reprent the people. Slia claimed that legalizg gay marriage was a policy cisn — not one that the urt should ci.

Californians will vote on a proposal to amend the state Constutn on the 2024 ballot to reaffirm gay marriage rights — a ut move that amid natnal anxiety after recent lgs by the nservative-leang U. Although there is no current threat to the legaly of gay marriage, and Print Bin signed a bill safeguardg last year, the Democratic-domant state Legislature is seekg to remove language om California’s Constutn that still f marriage as between a man and outdated state fn has been emed unenforceable and unnstutnal thanks to feral law, but LGBTQ advocy groups are askg voters to repeal and amend the California Constutn to stead explicly state that marriage is “a fundamental right. Gav Newsom was out of state, Senate lear Toni Atks (D-San Diego) signed bills to law on his behalf as the first out gay actg ernor.

Associate Jtice Anton Slia hted at today's gay marriage cisn a ago today.

4 SUPREME COURT JTIC VOTED AGAST GAY MARRIAGE: READ THEIR OPNS

(Charl Dharapak/AP)The Supreme Court avoid a lg on California's Proposn 8 se Wednday, which cleared the way for gay marriage to rume California, makg the 13th state (pl the District of Columbia) where same-sex marriage is legal. Exactly 10 years ago today, the Supreme Court siarly ma a landmark cisn for gay upl – strikg down the sodomy law Texas by a vote of 6-3 the landmark se Lawrence v. That se affirmed the right of gay upl to have nsensual sex.

In his dissent of that lg, Jtice Anton Slia angrily warned that if the urt was willg to strike down sodomy laws, other state laws on moral choic uld soon be lifted, among them gay marriage. If moral disapprobatn of homosexual nduct is 'no legimate state tert' for purpos of proscribg that nduct...

What jtifitn uld there possibly be for nyg the benefs of marriage to homosexual upl exercisg '[t]he liberty protected by the Constutn? On Wednday, the Court did not grant marriage equaly to all stat, as many gay advot hoped would. Many Amerins are alarmed by his vote, so he tak a moment to expla his my rerd, I’m not surprised many were taken aback when I cid to st my vote to legimize marriage between homosexuals the law of the land the Uned Stat.

THE 10 MOST WILD L FROM ANTON SLIA’S EXTREME DISSENT OVER GAY MARRIAGE

Furthermore, I unrstand that there is a multiplicy of relig believers the Uned Stat and that even wh the Christian muny, there are many varyg opns on the subject of gay marriage.

ANTON SLIA CASTS THE DECIDG VOTE ON GAY MARRIAGE IN CALIFORNIA, BUT WHY?

Arnold Schwarzenegger vetoed a subsequent legislative attempt to legalize gay marriage. Supreme Court legalized gay marriage natnally two years 2020, Nevada beme the first state to ensure the right to same-sex marriage s state nstutn. One le Supreme Court Jtice Anton Slia's dissent on gay marriage ptured the public imagatn after Friday's historic cisn.

"I thk he's slaggg gays and hippi, " said Crosby. The measure put gay and lbian marriag on hold the state, but a feral appeals urt 2010 emed Proposn 8 unnstutnal. The se ma s way to the US Supreme Court, which dismissed an appeal 2013 over same-sex marriage on jurisdictnal grounds, lg private parti did not have standg to fend California’s voter-approved ballot measure barrg gay and lbian upl om state-sanctned wedlock.

GAY STUNT ASKS JTICE SLIA TO FEND HIS 'BTIALY' MENTS

The Supreme Court’s landmark lg legalizg gay marriage throughout the US spl along faiar l, wh the ne-member urt’s four most nservative jtic votg agast a natnwi right to homosexual jtice John Roberts joed jtic Anton Slia, Clarence Thomas, and Samuel Alo opposg the majory’s opn on the se brought by Oh rint Jam Obergefell, whose 2013 marriage to his now-ceased partner was not regnized by the are excerpts om the four dissentg opns (pdf) the naysayg jtic jtice John RobertsAlthough the policy arguments for extendg marriage to same-sex upl may be pellg, the legal arguments for requirg such an extensn are not. He claims to not re one way or another about the ncept of gay people gettg married—though past opns say otherwise.

Slia's Gay Marriage MysteryWASHINGTON, DC - OCTOBER 02: U.

ET -- Jt days after the Supreme Court announced would take s first ser look at gay marriage, Jtice Anton Slia was asked to fend his legal wrgs on Supreme Court jtice was visg Prceton Universy on Monday to discs his latt book when a llege hman, who intifi as gay, asked Slia about the parison he has drawn between laws banng sodomy wh those barrg btialy and murr. “If we nnot have moral feelgs agast or objectns to homosexualy, n we have agast anythg?

WHO WANTED TO TAKE THE CASE ON GAY MARRIAGE? ASK SLIA

Slia had dissented the se; his dissent, he mak a uple of parisons to laws agast btialy and clar, "nowhere do the Court’s opn clare that homosexual sodomy is a 'fundamental right. He didn’t jt alienate liberals by parg laws agast gay sex to laws agast murr and btialy, he has alienated laws nservativ have nmned.

It didn’t make sense to me, " he Supreme Court will be reviewg California's ban on same-sex marriage and a feral law that f marriage as only the legal unn of a man and a woman  March, wh a cisn expected by late has "not been opaque" about his feelgs toward same-sex marriage the past, and gay rights advot do not expect him to change his md when the Supreme Court hears the s the sprg, said Fred Saz, vice print of munitns at Human Rights Campaign, the natn's largt gay rights anizatn. "I feel as if he’s crossed a le parg some of the thgs he’s pared gay rights to...

AdvertisementSKIP ADVERTISEMENTSupreme Court MemoWho Wanted to Take the Case on Gay Marriage? ”A versn of this article appears prt on, Sectn A, Page 1 of the New York edn wh the headle: Who Wanted to Take the Case On Gay Marriage?

JTIC KENNEDY AND SLIA AND THEIR DIVI ON GAY RIGHTS

Kennedy and Anton Slia were born the same year, chosen by the same print, live on the same Northern Virgia street and, servg together on the Supreme Court longer than any other current pair of jtic, have many tim voted the same nservative one issue — how the Constutn protects gay cizens — divis and f the two like no other.

This week's historic hearg on same-sex marriage is both the logil extensn and ultimate showdown a s-long argument that so far Kennedy has always of Kennedy's bold and lyril lgs on behalf of gays — "tim n bld to certa tths and later generatns n see that laws once thought necsary and proper fact serve only to opprs, " he wrote Lawrence v. Kennedy has wrten all of the Supreme Court's most important cisns on gay rights: protectg the civil rights of homosexuals Romer v. Evans (1996), abolishg anti-gay sodomy laws Lawrence.

GAY MARRIAGE ARGUMENTS DIVI SUPREME COURT JTIC

Wdsor two years ago that the feral ernment mt regnize same-sex was a steppgstone to the Supreme Court’s nsiratn on Tuday of whether the Constutn forbids stat om prohibg gay upl to the pattern ntu and the urt renrs a landmark lg favorg gay marriage, will likely once aga be Kennedy whose words memorialize that cisn and Slia who will articulate the is not a nflict everyone would have predicted for two of Ronald Reagan’s choic for the urt. Here's what you need to know about the se that uld make gay marriage legal across the natn. (Vio: Julie Percha/The Washgton Post)"Their different approach to gay rights reflects their more fundamental disagreement about how to thk about the liberti protected by the Constutn, " said Pl M.