4 Supreme Court jtic voted agast gay marriage: read their opns

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.

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

Slia was a nsistent opponent of nstutnal claims ma on behalf of gay rights. 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. 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.

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

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?

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.

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

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 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.

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

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 .

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.

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

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. (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?

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

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.

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. 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.

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

"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. 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.

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

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? 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...

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

AdvertisementSKIP ADVERTISEMENTSupreme Court MemoWho Wanted to Take the Case on Gay Marriage?

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

”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?

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.

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

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. 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.

JTIC KENNEDY AND SLIA AND THEIR DIVI ON GAY RIGHTS

"Michael Dorf, a profsor at Cornell Law School and a former Kennedy clerk, said his former boss’s cisns on gay rights were not nstcted to lead ultimately to a cisn on same-sex marriage. ”Although he never led for gay rights as a lower urt judge, Kennedy exprsed ncern about the policy even as he upheld the ary's right to dismiss gay servicemen. “He me about as close as you n as a lower urt judge to sayg was wrongly cid, ” Colucci on the urt, Kennedy was able to say jt the first gay rights se, Romer, Kennedy wrote for the majory strikg down a Colorado nstutnal amendment.

After some ci the state began passg laws protectg gays om discrimatn hog, employment and other areas, voters through a referendum approved the amendment precludg such ernment protectns. Colorado’s amendment, Kennedy wrote, “classifi homosexuals not to further a proper legislative end but to make them unequal to everyone else.

"This urt has no bs imposg upon all Amerins the rolutn favored by the ele class om which the members of this stutn are selected, pronouncg that 'animosy' toward homosexualy is evil, " Slia wrote Romer. " Private, homosexual nduct between nsentg adults, he wrote, "volv liberty of the person both s spatial and more transcennt dimensns. "O’Connor wrote a ncurrg opn to say the lg did not touch on the matter of whether gays would be able to 's rponse: "Do not believe .

GAY MARRIAGE ARGUMENTS DIVI SUPREME COURT JTIC

"Slia wrote that homosexuals should be ee to promote their e through mocratic means, but “many Amerins do not want persons who openly engage homosexual nduct as partners their bs, as sutmasters for their children, as teachers their children’s schools, or as boarrs their home. ’ ”Two years ago, Wdsor, Kennedy wrote that the feral ernment's refal to offer the same ernment benefs available to heterosexual upl to legally married gay upl tells "all the world that their otherwise valid marriag are unworthy" and "huiat" their, Slia blasted the cisn, sayg the majory was merely beg y sayg the cisn did not addrs whether stat are required to give licens for same-sex marriage. Kennedy, whose vote is probably ccial, gave gay rights advot reasons for optimism based on the tone and substance of his two and a half hours of arguments over whether the Constutn guarante same-sex upl the right to marry, Jtice Kennedy sent nflictg signals.

He is also the thor of three landmark opns expandg the rights of gay other jtic for the most part played to type, clashg over what they saw as the right answer the se and also over how to reach . ”Later, though, he exprsed qualms about excludg gay upl om the stutn of marriage. Bonto, reprentg more than a dozen gay and lbian upl, urged the jtic to remove “the sta of unworths” that marriage bans was met wh a barrage of skeptil qutns om the urt’s more nservative jtic, as expected.