John Roberts’s full-throated gay marriage dissent: Constutn ‘had nothg to do wh ’ - The Washgton Post

justice john roberts gay

Often the first qutn the lawyers Ted Olson and David Boi get when they talk about their effort to overturn California’s anti-gay Proposn 8 is …

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A SECRET AL BETWEEN JTIC JOHN ROBERTS AND ANTHONY KENNEDY ON GAY RIGHTS AND WHAT MEANS TODAY

* justice john roberts gay *

Hodg landmark lg, to steer the urt’s oute a pair of key gay rights disput. The negotiatns those s, not prevly reported, offer a glimpse to tra-offs among jtic, monstrate the chief’s soft power of persuasn and show that the urt’s sentiment on gay rights issu n be both ght and evolvg. Meanwhile, Kennedy would vote for the urt to hear the appeal of the owner of Masterpiece Cakhop Colorado, who’d been sanctned for refg to bake a weddg ke for two gay men.

The acceptance of an appeal om a baker who had refed to create a ke for a gay uple based on relig objectns uld easily have led to a public perceptn of new Supreme Court hostily toward gay rights.

HOW WOULD JOHN ROBERTS RULE ON GAY-MARRIAGE CAS?

For nearly a quarter century, the US Supreme Court has set down nstutnal protectns for gay men and lbians, a trend that reached a dramatic high pot s 2015 cisn clarg a right to same-sex marriage. * justice john roberts gay *

The backstory of two gay rights s handled tanm 2017 has new salience today.

CHIEF JTICE ROBERTS ON GAY-MARRIAGE LG: 'JT WHO DO WE THK WE ARE?'

Five years after the US Supreme Court clared a fundamental right for same-sex upl to marry, the jtic produced another landmark for the gay rights movement by lg that feral anti-bias law vers lns of gay, lbian and transgenr workers. * justice john roberts gay *

Kennedy had been the voice of the urt’s progrsive gay rights lgs datg to 1996. Colorado Civil Rights Commissn was brought by a baker, Jack Phillips, who had been sanctned unr Colorado law for refg to create a ke for two gay men celebratg their marriage. Phillips argued that beg forced to provi a weddg ke to a gay uple vlated his nstutnal rights to the ee exercise of relign and ee speech.

FOR ROBERTS, GAY RIGHTS A DEFG MOMENT

He’d prevly told lleagu that he was skeptil of relig exemptns for retailers who would ny servic to gay people. “The oute of s like this other circumstanc mt awa further elaboratn the urts, all the ntext of regnizg that the disput mt be rolved wh tolerance, whout undue disrpect to scere relig beliefs, and whout subjectg gay persons to digni when they seek goods and servic an open market, ” Kennedy wrote, reflectg his ntued tentativens.

Gsburg and Sotomayor were the only dissenters, homg on the bias the gay men faced: “What matters, ” Gsburg wrote, “is that Phillips would not provi a good or service to a same-sex uple that he would provi to a heterosexual uple. What you need to know about the gay rights movement. Texas unti refe marriage license for gay upl.

Roberts potedly attacked the majory’s opn that relied on the due procs clse that Kennedy said giv gays and lbians a fundamental right to marry.

WHAT EACH SUPREME COURT JTICE HAS SAID ABOUT GAY MARRIAGE

Often the first qutn the lawyers Ted Olson and David Boi get when they talk about their effort to overturn California’s anti-gay Proposn 8 is this: Are there five vot on the Supreme Court for their se?

There are two big gay-rights s headg for the Court. But there is ltle doubt that if the Court l favor of gay rights the cisn will be signifint, perhaps even historic.

JOHN ROBERTS’S FULL-THROATED GAY MARRIAGE DISSENT: CONSTUTN ‘HAD NOTHG TO DO WH ’

Most people assume that the fifth and cidg vote belongs to Jtice Anthony Kennedy, who wrote the Court’s majory opns s two most recent big gay-rights lgs, Romer v.

None of the gay-rights-related s that have e before him as a judge give any signifint clu as to how he might le on the weighty nstutnal issu he will face next term. Intertgly, as the Los Angel Tim reported 2005, before he was on the bench he “worked behd the scen for gay rights activists” the Romer se who were reprented at the time by his law firm, Hogan and now, the marquee gay-rights s facg the Court next term—as Amerin public opn, pecially among young people, shifts rapidly towards greater equaly—Roberts may fd the very kd of “legacy” issu around which he has shown a willgns to break wh his more nservativ lleagu. ” Although he go on to discs this ngy a different ntext, he has been hypothizg for some time that the fluenc on Chief Jtice Roberts the health-re se might also lead him to le favor of the rights of gay Amerins to full equaly, cludg marriage.

In the ntext of public opn on gay rights and same-sex marriage, twenty years is a very long they ci agast the rights of gay people next term, wh a or so this issue is gog to be right back before the Court and Jtice Roberts will likely still be Chief.

JOHN {LOR:#595959;FONT-FAY:GILROY,HELVETI,ARIAL,SANS-SERIF;FONT-WEIGHT:600;MARG-BOTTOM:0.625REM;}@MEDIA(MAX-WIDTH: 48REM){{FONT-SIZE:0.875REM;LE-HEIGHT:1.2;}}@MEDIA(M-WIDTH: 48REM){{FONT-SIZE:1.25REM;LE-HEIGHT:1.2;}} A{-WEBK-TEXT-RATN:UNRLE;TEXT-RATN:UNRLE;TEXT-RATN-THICKNS:0.0625REM;TEXT-RATN-LOR:HER;TEXT-UNRLE-OFFSET:0.25REM;LOR:HER;-WEBK-TRANSN:ALL 0.3S EASE--OUT;TRANSN:ALL 0.3S EASE--OUT;} A:HOVER{LOR:#A00000;TEXT-RATN-LOR:BORR-LK-BODY-HOVER;}JOHN ROBERTS BEME CHIEF JTICE OF THE UNED STAT AFTER HE WAS NOMATED BY PRINT GEE W. BH {MARG-BOTTOM:0.625REM;PADDG-RIGHT:0.3125REM;LOR:#323232;FONT-FAY:GILROY,HELVETI,ARIAL,SANS-SERIF;FONT-SIZE:0.75REM;LE-HEIGHT:1;FONT-WEIGHT:800;} SPAN{LE-HEIGHT:1.6;FONT-FAY:GILROY,HELVETI,ARIAL,SANS-SERIF;}{FONT-STYLE:NORMAL;PADDG-RIGHT:0.3125REM;FONT-FAY:RALAS,GEIA,TIM,SERIF;LOR:#323232;FONT-SIZE:0.75REM;LE-HEIGHT:1.3;FONT-WEIGHT:BOLD;TEXT-TRANSFORM:PALIZE;}{DISPLAY:LE-BLOCK;TEXT-TRANSFORM:UPPERSE;MARG-LEFT:0.625REM;FONT-FAY:GILROY,HELVETI,ARIAL,SANS-SERIF;FONT-SIZE:0.75REM;LE-HEIGHT:1;FONT-WEIGHT:800;}UPDATED: APR 1, {DISPLAY:-WEBK-BOX;DISPLAY:-WEBK-FLEX;DISPLAY:-MS-FLEXBOX;DISPLAY:FLEX;}{MARG-BOTTOM:0.9375REM;POSN:RELATIVE;}@MEDIA(MAX-WIDTH: 64REM){{MAX-WIDTH:LC(100VW - (1REM * 2));MARG-LEFT:1REM;MARG-RIGHT:1REM;} .E152U5OS0{WIDTH:100VW;MARG-LEFT:LC(-1 * 1REM);}}@MEDIA(M-WIDTH: 48REM) AND (MAX-WIDTH: 61.25REM){{MARG-LEFT:TO;MARG-RIGHT:TO;} .E152U5OS0{WIDTH:100VW;MARG-LEFT:LC((100VW - (LC(20.625REM * 2 - 1REM) - 2 * 1REM)) / -2);}}@MEDIA(M-WIDTH: 61.25REM) AND (MAX-WIDTH: 90REM){{MAX-WIDTH:LC(20.625REM * 2 - 1REM);MARG-LEFT:LC((100VW - LC(20.625REM * 2 - 1REM) - 1REM - 20.625REM) / 2);PADDG-LEFT:1REM;PADDG-RIGHT:1REM;} .E152U5OS0{WIDTH:100VW;MARG-LEFT:LC(LC((100VW - LC(20.625REM * 2 - 1REM) - 1REM - 20.625REM) / -2) - 1REM);}}@MEDIA(M-WIDTH: 90REM){{MARG-LEFT:LC((100VW - LC(20.625REM * 2 - 1REM)) / 2);MAX-WIDTH:LC(20.625REM * 2 - 1REM);PADDG-LEFT:1REM;PADDG-RIGHT:1REM;} .E152U5OS0{WIDTH:100VW;MARG-LEFT:LC(LC((100VW - LC(20.625REM * 2 + 1REM)) / -2) - LC(2 * 1REM));}[DATA-HAS-SPONSOR] {MARG-LEFT:LC((100VW - LC(20.625REM * 2 - 1REM)) / 4);MARG-RIGHT:LC((100VW - LC(20.625REM * 2 - 1REM)) / 4);}}{JTIFY-SELF:CENTER;POSN:RELATIVE;}@MEDIA(MAX-WIDTH: 48REM){{MARG-LEFT:-50VW;MARG-RIGHT:-50VW;WIDTH:100VW;LEFT:50%;RIGHT:50%;}}{HEIGHT:TO;}@MEDIA(MAX-WIDTH: 48REM){{MARG:TO LC(50% - 50VW);}}@MEDIA(M-WIDTH: 48REM){{MARG:TO;}}{POSN:RELATIVE;HEIGHT:TO;}{POSN:RELATIVE;WIDTH:100%;HEIGHT:100%;OBJECT-F:VER;VERTIL-ALIGN:TOP;}{LE-HEIGHT:1;MARG-TOP:0.3125REM;}@MEDIA(MAX-WIDTH: 73.75REM){{PADDG-LEFT:0.9375REM;}}@MEDIA(M-WIDTH: 64REM){{PADDG-LEFT:0;}}{PADDG-RIGHT:0.3125REM;LOR:#595959;FONT-FAY:GILROY,HELVETI,ARIAL,SANS-SERIF;FONT-SIZE:0.75REM;LE-HEIGHT:1;FONT-WEIGHT:800;}GETTY {FONT-FAY:CHARTER,GEIA,TIM,SERIF;FONT-SIZE:1.1875REM;LE-HEIGHT:1.6;PADDG-LEFT:0REM;PADDG-RIGHT:0REM;POSN:RELATIVE;}@MEDIA(M-WIDTH: 48REM){{PADDG-LEFT:3.5REM;PADDG-RIGHT:3.5REM;}}@MEDIA(M-WIDTH: 48REM) AND (MAX-WIDTH: 61.25REM){{MAX-WIDTH:45.25REM;MARG-LEFT:TO;MARG-RIGHT:TO;}}@MEDIA(M-WIDTH: 61.25REM){{PADDG-LEFT:0REM;PADDG-RIGHT:0REM;}}@MEDIA(M-WIDTH: 73.75REM) AND (MAX-WIDTH: 100REM){{PADDG-LEFT:0REM;PADDG-RIGHT:0REM;}}@MEDIA(M-WIDTH: 90REM){{PADDG-LEFT:0REM;PADDG-RIGHT:0REM;}} EM{FONT-STYLE:ALIC;FONT-FAY:CHARTER,GEIA,TIM,SERIF;} STRONG{FONT-FAY:CHARTER,GEIA,TIM,SERIF;FONT-WEIGHT:BOLD;}{CLEAR:BOTH;NTENT:" ";DISPLAY:BLOCK;FONT-SIZE:0.7REM;LE-HEIGHT:1.5REM;HEIGHT:0REM;VISIBILY:HIDN;}{FONT-FAY:CHARTER,GEIA,TIM,SERIF;FONT-SIZE:1.1875REM;LE-HEIGHT:1.6;} STRONG{FONT-FAY:CHARTER,GEIA,TIM,SERIF;FONT-WEIGHT:BOLD;} EM{FONT-STYLE:ALIC;FONT-FAY:CHARTER,GEIA,TIM,SERIF;}(1955-){LOR:#323232;FONT-FAY:GILROY,HELVETI,ARIAL,SANS-SERIF;FONT-WEIGHT:800;LETTER-SPACG:0.02EM;MARG-BOTTOM:0.625REM;MARG-TOP:0.625REM;}@MEDIA(MAX-WIDTH: 48REM){{FONT-SIZE:1.875REM;LE-HEIGHT:1.1;}}@MEDIA(M-WIDTH: 48REM){{FONT-SIZE:2REM;LE-HEIGHT:1.1;}}@MEDIA(M-WIDTH: 64REM){{FONT-SIZE:2REM;LE-HEIGHT:1.1;}} B, STRONG{FONT-FAY:HER;FONT-WEIGHT:BOLD;} EM, I{FONT-FAY:HER;FONT-STYLE:ALIC;}WHO IS JOHN ROBERTS?U.S. SUPREME COURT CHIEF JTICE JOHN ROBERTS GREW UP LONG BEACH, INDIANA, AND ATTEND HARVARD LAW SCHOOL. HE SERVED ON THE U.S. COURT OF APPEALS FOR TWO YEARS BEFORE BEG NFIRMED AS CHIEF JTICE OF THE UNED STAT 2005. IN JUNE 2015, ROBERTS LED ON TWO LANDMARK LEGISLATIVE S: HE REAFFIRMED THE LEGALY OF OBAMARE, BY SIDG WH THE LIBERAL WG OF THE COURT, ALONG WH SWG VOTE JTICE ANTHONY KENNEDY. HOWEVER, HE HELD TO HIS NSERVATIVE VIEWS ON THE ISSUE OF GAY MARRIAGE AND VOTED AGAST THE COURT'S CISN THAT MA SAME-SEX MARRIAGE LEGAL ALL 50 STAT.EARLY LIFE AND EDUTNJOHN GLOVER ROBERTS JR., THE ONLY SON OF JOHN G. "JACK" ROBERTS SR. AND ROSEMARY PODRASKY ROBERTS, WAS BORN BUFFALO, NEW YORK, ON JANUARY 27, 1955. IN 1959, THE FAY MOVED TO LONG BEACH, INDIANA, WHERE ROBERTS GREW UP WH HIS THREE SISTERS, KATHY, PEGGY AND BARBARA.HE ATTEND NOTRE DAME ELEMENTARY SCHOOL LONG BEACH AND THEN LA LUMIERE BOARDG SCHOOL LA PORTE, INDIANA. ALONG WH BEG AN EXCELLENT STUNT, ROBERTS PARTICIPATED SEVERAL EXTRACURRICULAR ACTIVI CLUDG CHOIR, DRAMA AND STUNT UNCIL. THOUGH NOT AN EXCEPTNALLY GIFTED ATHLETE, HE WAS NAMED THE PTA OF THE HIGH SCHOOL FOOTBALL TEAM BEE OF HIS LEARSHIP SKILLS AND EXCELLED AS A WRTLER, BEG REGNAL CHAMPN WHILE AT LA LUMIERE.ROBERTS ENTERED HARVARD COLLEGE WH ASPIRATNS OF BEG A HISTORY PROFSOR. DURG THE SUMMERS, HE WORKED A STEEL L INDIANA TO HELP PAY HIS TUN. AFTER GRADUATG SUMMA CUM L THREE YEARS, ROBERTS ATTEND HARVARD LAW SCHOOL, WHERE HE DISVERED HIS LOVE FOR THE LAW. HE WAS MANAGG EDOR OF THE HARVARD LAW REVIEW AND GRADUATED MAGNA CUM L WH A J.D. 1979. DUE TO HIS HIGH HONORS AT HARVARD LAW, ROBERTS WAS RECED TO CLERK FOR JUDGE HENRY FRIENDLY OF THE U.S. COURT OF APPEALS, SEND CIRCU. IN 1980, HE CLERKED FOR THEN-ASSOCIATE JTICE WILLIAM REHNQUIST ON THE U.S. SUPREME COURT. LEGAL ANALYSTS BELIEVE THAT WORKG FOR BOTH FRIENDLY AND REHNQUIST FLUENCED ROBERTS'S NSERVATIVE APPROACH TO THE LAW, CLUDG HIS SKEPTICISM OF FERAL POWER OVER THE STAT AND HIS SUPPORT OF BROAD EXECUTIVE BRANCH POWERS FOREIGN AND ARY AFFAIRS.ATTORNEY AND JUDGEIN 1982, ROBERTS SERVED AS AN AI TO U.S. ATTORNEY GENERAL WILLIAM FRENCH SMH AND LATER AS AN AI TO WHE HOE UNSEL FRED FIELDG UNR PRINT {-WEBK-TEXT-RATN:UNRLE;TEXT-RATN:UNRLE;TEXT-RATN-THICKNS:0.0625REM;TEXT-RATN-LOR:HER;TEXT-UNRLE-OFFSET:0.25REM;LOR:#A00000;-WEBK-TRANSN:ALL 0.3S EASE--OUT;TRANSN:ALL 0.3S EASE--OUT;}{LOR:#595959;TEXT-RATN-LOR:BORR-LK-BODY-HOVER;}RONALD REAGAN. DURG THE YEARS, ROBERTS EARNED THE REPUTATN OF BEG A POLIL PRAGMATIST, TACKLG SOME OF THE ADMISTRATN’S TOUGHT ISSU (SUCH AS SCHOOL BG) AND MATCHG WS WH LEGAL SCHOLARS AND MEMBERS OF CONGRS.AFTER WORKG AS AN ASSOCIATE AT THE WASHGTON, D.C. LAW FIRM OF HOGAN & HARTSON OM 1987 TO 1989, ROBERTS RETURNED TO THE JTICE DEPARTMENT UNR PRINT GEE H.W. BH AS PRCIPAL DEPUTY SOLICOR GENERAL OM 1989 TO 1993. IN 1992, PRINT BH NOMATED ROBERTS TO SERVE ON THE U.S. COURT OF APPEALS FOR THE D.C. DISTRICT, BUT NO SENATE VOTE WAS HELD AND HIS NOMATN EXPIRED WHEN BH LEFT OFFICE.DURG PRINT BILL CLTON'S ADMISTRATN, ROBERTS RETURNED TO HOGAN & HARTSON AS A PARTNER AND BEME HEAD OF THE APPELLATE DIVISN ARGUG S BEFORE THE U.S. SUPREME COURT. DURG THIS TIME, ROBERTS ARGUED FAVOR OF A ERNMENT REGULATN THAT BANNED ABORTN-RELATED UNSELG BY FERALLY FUND FAY-PLANNG PROGRAMS. IN 1990, HE WROTE A BRIEF THAT STATED ROE V. WA WAS WRONGLY CID AND SHOULD BE OVERTURNED AND HE -THORED A BRIEF THAT ARGUED FAVOR OF CLERGY-LED PRAYER AT PUBLIC SCHOOL GRADUATNS.IN NOVEMBER 2000, ROBERTS TRAVELED TO FLORIDA TO ADVISE THEN-GOVERNOR JEB BH ON THE REUNT OF BALLOTS DURG THE 2000 PRINTIAL ELECTN BETWEEN AL GORE AND BH'S BROTHER, GEE W. BH.U.S. COURT OF APPEALS AND SUPREME COURT NOMATNIN JANUARY 2003, PRINT GEE W. BH NOMATED ROBERTS FOR A POSN ON THE U.S. COURT OF APPEALS. HE WAS NFIRMED MAY BY VOICE VOTE WH LTLE OPPOSN. DURG HIS TWO-YEAR TENURE ON THE URT, ROBERTS WROTE 49 OPNS OF WHICH ONLY TWO WERE NOT UNANIMO AND HE DISSENTED THREE OTHERS. HE LED ON SEVERAL NTROVERSIAL S CLUDG HEDGEPETH V. WASHGTON METRO TRANS AUTHORY, UPHOLDG THE ARRT OF A 12-YEAR-OLD GIRL FOR VLATG THE “NO EATG FOOD” POLICY AT A WASHGTON, D.C. METRO STATN.ROBERTS WAS ALSO PART OF THE UNANIMO LG HAMDAN V. RUMSFELD, UPHOLDG ARY TRIBUNALS’ TRYG TERRORISM SPECTS KNOWN AS "ENEMY BATANTS." THIS CISN WAS OVERTURNED A 5-3 CISN BY THE U.S. SUPREME COURT 2006 (CHIEF JTICE ROBERTS EXCED HIMSELF OM THIS SE).ON JULY 19, 2005, FOLLOWG THE RETIREMENT OF ASSOCIATE SUPREME COURT JTICE SANDRA DAY O'CONNOR, PRINT BH NOMATED ROBERTS TO FILL HER VANCY. HOWEVER, ON SEPTEMBER 3, 2005, CHIEF JTICE WILLIAM H. REHNQUIST DIED FOLLOWG A LONG ILLNS. ON SEPTEMBER 6, PRINT BH WHDREW ROBERTS' NOMATN AS O'CONNOR'S SUCCSOR AND NOMATED HIM FOR THE POSN OF CHIEF JTICE.DURG HIS NFIRMATN HEARGS, ROBERTS DAZZLED BOTH THE SENATE JUDICIARY COMMTEE AND A NATNWI DIENCE WATCHG ON CSPAN WH HIS ENCYCLOPEDIC KNOWLEDGE OF SUPREME COURT PRECENT, WHICH HE DISCSED TAIL WHOUT NOT. WHILE HE GAVE NO DITN OF HOW HE WOULD LE ON ANY PARTICULAR SE, HE DID STATE THAT THE ISSU HE ARGUED FOR WHILE PUTY SOLICOR GENERAL WERE THE VIEWS OF THE ADMISTRATN HE WAS REPRENTG AT THE TIME AND NOT NECSARILY HIS OWN.ROBERTS WAS NFIRMED BY THE FULL SENATE ON SEPTEMBER 29, 2005, AS THE 17TH CHIEF JTICE OF THE UNED STAT BY A MARG OF 78-22, MORE THAN ANY OTHER NOMEE FOR CHIEF JTICE AMERIN HISTORY. AT AGE 50, ROBERTS BEME THE YOUNGT PERSON NFIRMED AS CHIEF JTICE SCE JOHN MARSHALL 1801.BEFORE HIS NFIRMATN, ROBERTS' BRIEF STT ON THE U.S. COURT OF APPEALS DIDN'T PROVI AN EXTENSIVE SE HISTORY TO TERME HIS JUDICIAL PHILOSOPHY. ROBERTS HAS NIED HE HAS ANY PREHENSIVE JURISPNTIAL PHILOSOPHY AND BELIEV NOT HAVG ONE IS THE BT WAY TO FAHFULLY NSTE THE CONSTUTN. SOME SUPREME COURT OBSERVERS BELIEVE ROBERTS PUTS THIS ATTU TO PRACTICE, NOTG THAT HE IS A MASTER AT BUILDG NSENS FOR HIS JUDICIAL OPNS BY CG THE OPNS OF HIS FELLOW JTIC. OTHERS HAVE OBSERVED THIS SHREWD TACTIC HAS ALLOWED ROBERTS TO CREMENTALLY MOVE THE URT'S CISNS TO THE RIGHT BY TAILORG HIS ARGUMENTS AND CISNS SO AS TO CULTIVATE THE SUPPORT OF MORE MORATE JTIC.CHIEF JTICE OF THE UNED STATDURG HIS TENURE ON THE COURT, CHIEF JTICE ROBERTS HAS LED THAT CERTA CIRCUMSTANC LOL ERNMENTS N BE EXEMPT OM SOME PROCRAL REQUIREMENTS OF THE VOTG RIGHTS ACT OF 1965. HE HAS LED THAT THE EXCLNARY LE NEEDN'T BE SO BROAD AND THAT SOME EVINCE N BE ADMISSIBLE EVEN IF OBTAED THROUGH POLICE NEGLIGENCE. ROBERTS WROTE THE MAJORY OPN AGAST G RACE AS A CRERN VOLUNTARY SEGREGATN POLICI, A LG WHICH DISSENTG JTIC SAID STOOD BROWN V. BOARD OF EDUTN ON S HEAD.'CIZENS UNED'ONE OF HIS MORE NTROVERSIAL CISNS ME 2010 WHEN CHIEF JTICE ROBERTS NCURRED WH JTICE ANTHONY KENNEDY CIZENS UNED V. FERAL ELECTN COMMISSN, WHICH CLARED THAT RPORATNS HAVE THE SAME RIGHTS AS AVERAGE CIZENS ENGAGG POLIL SPEECH. CRICS ALLEGED THAT THE CISN IGNORED THE VAST DISCREPANCY BETWEEN A RPORATN'S FANC AND THOSE OF THE AVERAGE CIZEN AND STROYED YEARS OF REFORM EFFORTS TO LIM THE POWER OF SPECIAL TERT GROUPS TO FLUENCE THE VOTERS. SUPPORTERS HAILED THE CISN AS A BOOST FOR THE FIRST AMENDMENT BEE MPAIGN FANCE REFORM'S EFFORTS TO FORCE EQUALY OF EE SPEECH WERE NTRARY TO THOSE PROTECTG SPEECH OM ERNMENT RTRAT.THE LG MOVED PRINT BARACK OBAMA TO CRICIZE THE URT'S LG DURG HIS 2010 STATE OF THE UNN ADDRS AND THAT, TURN, PROMPTED ROBERTS TO CHARACTERIZE OBAMA'S CHOICE OF VENUE TO CRICIZE THE URT AS "VERY TROUBLG."OBAMARE AND SAME-SEX MARRIAGE ROBERTS MA HEADL AGA JUNE 2012, WHEN HE VOTED TO UPHOLD A MANDATE PRINT OBAMA'S PATIENT PROTECTN AND AFFORDABLE CARE ACT (IATED 2010), ALLOWG OTHER IMPORTANT PIEC OF THE LAW TO STAY TACT, CLUDG EE HEALTH SCREENGS FOR CERTA CIZENS, RTRICTNS TO STRGENT SURANCE PANY POLICI AND PERMISSN FOR CIZENS UNR AGE 26 TO BE SURED UNR PARENTAL PLANS.ROBERTS AND FOUR OTHER JTIC VOTED TO UPHOLD THE MANDATE, UNR WHICH CIZENS ARE REQUIRED TO PURCHASE HEALTH SURANCE OR PAY A TAX, A MA PROVISN OF OBAMA'S HEALTH-RE LAW, STATG THAT WHILE THE MANDATE IS UNNSTUTNAL, ACRDG TO THE CONSTUTN'S MERCE CLSE, FALLS WH CONGRS' NSTUTNAL POWER TO TAX. FOUR JTIC VOTED AGAST THE MANDATE.IN JUNE 2015, ROBERTS LED ON TWO LANDMARK LEGISLATIVE S. SIDG WH THE LIBERAL WG OF THE COURT AND S SWG VOTE JTICE KENNEDY A 6-3 CISN, ROBERTS REAFFIRMED THE LEGALY OF OBAMARE BY SUPPORTG THE LAW'S SUBSIDY PROGRAMS KG V. BURWELL. HOWEVER, ROBERTS UPHELD HIS NSERVATIVE VIEWS ON THE ISSUE OF GAY MARRIAGE AND VOTED AGAST THE COURT'S CISN THAT MA SAME-SEX MARRIAGE LEGAL ALL 50 STAT.OF THE COURT'S 5-4 LG TO LEGALIZE GAY MARRIAGE, ROBERTS WAS BOLD HIS PROTT, CLAIMG UNRM THE UNTRY'S MOCRATIC PROCS. "IF YOU ARE AMONG THE MANY AMERINS — OF WHATEVER SEXUAL ORIENTATN — WHO FAVOR EXPANDG SAME-SEX MARRIAGE, BY ALL MEANS CELEBRATE TODAY'S CISN," HE WROTE HIS 29-PAGE DISSENT, WHICH WAS RELEASED ON THE DAY OF THE HISTORIL ANNOUNCEMENT ON JUNE 26, 2015. "CELEBRATE THE ACHIEVEMENT OF A SIRED GOAL. CELEBRATE THE OPPORTUNY FOR A NEW EXPRSN OF MMENT TO A PARTNER. CELEBRATE THE AVAILABILY OF NEW BENEFS. BUT DO NOT CELEBRATE THE CONSTUTN. IT HAD NOTHG TO DO WH ."PRINT TMP'S TRAVEL BANTHE ONSET OF THE DONALD TMP ADMISTRATN 2017 BROUGHT NEW LEGAL CHALLENG, WH THE URT AGREEG TO REVIEW A SE REGARDG THE PRINT'S ATTEMPT TO RTRICT ENTRY TO THE UNED STAT BY CIZENS OF SEVERAL MLIM-MAJORY NATNS. AUTHORG THE JUNE 2018 MAJORY OPN TMP V. HAWAII, WHICH LED FAVOR OF THE ADMISTRATN, ROBERTS TERMED THE PRINT TO HAVE A "SUFFICIENT NATNAL SECURY JTIFITN" AND EMPHASIZED HIS "BROAD DISCRETN TO SPEND THE ENTRY OF ALIENS TO THE UNED STAT."ROBERTS ALSO TOOK THE OPPORTUNY TO FORMALLY REPUDIATE THE 1944 LG OF KOREMATSU V. UNED STAT, WHICH FORCED THE TERNMENT OF JAPANE-AMERINS DURG WORLD WAR II, LLG "OBJECTIVELY UNLAWFUL" AND "GRAVELY WRONG THE DAY WAS CID."EARLY 2020 SAW ROBERTS UNRTAKE A LSER-KNOWN RPONSIBILY HIS ROLE AS CHIEF JTICE, AS HE PRID OVER THE SENATE IMPEACHMENT TRIAL OF PRINT TMP. SEEKG TO STAY ABOVE THE PARTISAN TUG OF WAR, ROBERTS MA CLEAR THAT HE WOULD NOT BREAK A TIE THE EVENT OF A ADLOCKED SENATE VOTE, AND ADMONISHED BOTH SIS FOR NOT ADHERG TO CIVIL DISURSE. FOLLOWG TMP'S ACQUTAL FEBARY, SENATE MAJORY LEAR MCH MCCONNELL PRAISED ROBERTS FOR PRIDG WH A "CLEAR HEAD" AND A "STEADY HAND."{BORR:0;BORR-BOTTOM:TH SOLID BLACK;MARG:1.875REM 0;CLEAR:BOTH;}QUICK FACTS

For example, took seventeen years for the “wrongly cid” gay-sodomy issue (Bowers v. 5 per cent a year acrdg to some timat), that uld put equal rights for gays, cludg marriage, at about a sixty-five per cent or higher approval he l agast gay rights now, how is Roberts gog to feel about the overturng of this precent later—or havg overturned while he is still on the Court as Chief?

This is the gay-rights moment, jt as the sixti was the civil-rights moment (although there are plac, like the South, where public opn is ntrary, as was those landmark civil-rights s) theorize that Roberts tried to policize the Court wh his health-re lg orr to ga some credibily before even more nservative cisns to e, like overturng affirmative actn. Anythg is possible, but that is not likely to be the oute the gay-rights s, where Jtice Kennedy will probably not be wh nservativ. The qutn is whether a or more om now Chief Jtice Roberts really wants to be leadg a Court that embodi the last vtig of anti-gay discrimatn the untry, even as fewer and fewer Amerins oppose equaly.

A lg favor of gay equaly is possible, perhaps even likely, wh or whout the swg vote of Jtice Kennedy. He uned the three liberals together wh Jtice Amy Coney Barrett and Brett Kavangh support of a taxpayer-fund agency’s abily to discrimate agast gay people. At the same time, Roberts affirmed that preventg anti-gay discrimatn is a pellg state tert.

*BEAR-MAGAZINE.COM* JUSTICE JOHN ROBERTS GAY

For Roberts, Gay Rights a Defg Moment - WSJ .

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