The Supreme Court, Gay Marriage, and Anthony Kennedy

Discussion in 'Blazers OT Forum' started by Stevenson, Jan 16, 2015.

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  1. Stevenson

    Stevenson Old School

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    So the Supremes are going to decide on the federal constitutionality of gay marriage this spring. Many court watchers think that Anthony Kennedy will be the deciding vote one way or the other.

    I've shared this before, but will again here. Kennedy taught at my law school. His dear friend and mentor was the dean of the school. It was common knowledge on campus that the dean was also a closeted gay man. As a result, gay rights and discrimination are not something that are theoretical issues for Anthony Kennedy. He watched one of his closest friends deal with them daily. There is just no way I see Kennedy striking down gay marriage, especially as the states have given it momentum (and thus legal cover for him if so desired.)
     
    Stevenson, Jan 16, 2015
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  2. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    I'd be surprised if it really ends up a 5-4 vote. I think the court contrives votes, sometimes, to match how close the issue is among the people.
     
    Denny Crane, Jan 17, 2015
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  3. Stevenson

    Stevenson Old School

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    I think you're actually right Denny. I don't see Roberts letting something so significant squeek by. At the least, he joins the majority. 6-3.
     
    Stevenson, Jan 17, 2015
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  4. 3RA1N1AC

    3RA1N1AC 00110110 00111001

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    Can you bet on this? This is some sweet insider information!
     
    3RA1N1AC, Jan 17, 2015
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  5. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    It may be a 7-2 vote. The only reason to vote no is on a technicality at this point. Like the Court butting out altogether.
     
    Denny Crane, Jan 17, 2015
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  6. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    7-2? Which one of Scalia, Thomas, or Alito do you think is going to vote w/ the majority?

    barfo
     
    barfo, Jan 17, 2015
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  7. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Alito.
     
    Denny Crane, Jan 17, 2015
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  8. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    Well, of the three, he is the most likely, but that's a bit like saying being killed by lightning is more likely than being killed by {two other unlikely events}.

    Will believe it when I see it.

    barfo
     
    barfo, Jan 17, 2015
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  9. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    With the majority of states allowing gay marriage, the question is no longer about a fundamental right, but whether the right defined by those states (which Alito is fine with) need be recognized by the rest. I see several constitutional reasons why the court should find it legal everywhere. I bet Alito sees them, too.

    1. 14th amendment - the states cannot treat people unequally under the law without a real compelling interest. There is a compelling interest for affirmative action, but there isn't one to deny people right to marr
    2. A marriage performed in California is recognized in New York without a second thought. Constitutionally speaking, one state has to respect the legal papers of the others.
    3. The government should not obstruct the right of the people to pursue happiness.
     
    Denny Crane, Jan 17, 2015
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  10. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    I agree with you except you have more faith in Alito than I do. Of course, any faith in Alito is more than I have...

    barfo
     
    barfo, Jan 17, 2015
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  11. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    http://www.businessinsider.com/supreme-justices-opinions-on-gay-marriage-2015-1

    Justice Samuel A. Alito added to Justice Robert's opinion, saying "I hope that the Court will ultimately permit the people of each State to decide this question for themselves."

    Alito appears to be firm in his view that states should be the ones to decide these issues. In July last year, Alito denied a request from a county clerk in Pennsylvania who wanted the Supreme Court to stop same-sex marriages there.

    ...

    In the court order announcing the new case Friday, the Court made clear it will be answering the larger constitutional questions surrounding gay marriage. Specifically, the justices will rule on two questions; whether the Fourteenth Amendment requires "a state to license a marriage between two people of the same sex" and whether it requires states to "recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state."

    (pretty much #1 and #2 as I stated, and this is no longer a case of the Court deciding for the states, they've already done so)
     
    Denny Crane, Jan 17, 2015
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  12. MARIS61

    MARIS61 Real American

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    The Supreme Court is a farce. Completely comprised of political appointees hand-picked by the 1%er's, they've ruled corporations are people while not too long ago ruled people with dark skin weren't really people at all. Every vote they cast is guided solely by their political views and/or to buy attendance at parties of the ultra-elite. SCOTUS has always been a black stain on the Flag of Freedom.

    If accurate interpretation of the law was really at play, and the members of the court were all at least knowledgeable about the subject and un-biased, most decisions would be unanimous.
     
    MARIS61, Jan 17, 2015
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  13. MARIS61

    MARIS61 Real American

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    One estimate is that 24,000 people are killed by lightning strikes around the world each year and about 240,000 are injured.[3] Another estimate is that the annual death toll is 6,000.[4]

    According to the NOAA, over the last 20 years, the United States averaged 51 annual lightning strike fatalities, placing it in the second position, just behind floods for deadly weather.[5][6] In the US, between 9% and 10% of those struck die,[7] for an average of 40 to 50 deaths per year (28 in 2008).[8] The chance of an average person living in the US being struck by lightning in a given year is estimated at 1 in 500,000, while the chance of being struck by lightning in a lifetime is 1 in 6250 (estimated lifespan of 80 years).[9]

    These statistics do not reflect the difference between direct strikes, where the victim was part of the lightning pathway; indirect effects of being close to the termination point, like ground currents; and resultant, where the casualty arose from subsequent events, such as fires or explosions. Even the most knowledgeable first responders may not recognize a lightning related injury, let alone particulars, which a medical examiner, police investigator or on the rare occasion a trained lightning expert may have difficulty identifying to record accurately. This ignores the reality that lightning, as the first event, may assume responsibility for the overall and resulting accident.

    Direct strike casualties could be much lower than reported numbers.

    http://en.wikipedia.org/wiki/Lightning_strike

    http://www.lightningsafety.noaa.gov/fatalities.htm
     
    MARIS61, Jan 17, 2015
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  14. Stevenson

    Stevenson Old School

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    Stevenson, Jun 26, 2015
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  15. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Roberts dissented. I understand his POV.

    http://www.washingtonpost.com/blogs...ssent-constitution-had-nothing-to-do-with-it/

    "If you are among the many Americans -- of whatever sexual orientation -- who favor expanding same-sex marriage, by all means celebrate today's decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not Celebrate the Constitution. It had nothing to do with it."

    Seems he's for it, but thinks the law should be decided democratically.
     
    Denny Crane, Jun 26, 2015
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  16. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    Congrats to the LBGC. It's a good day
     
    magnifier661, Jun 26, 2015
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  17. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    Wow you nailed it!
     
    magnifier661, Jun 26, 2015
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  18. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    I'm getting a better read on Roberts.

    He upholds ObamaCare though clearly unconstitutional and is against this ruling for the exact same and consistent reason. "Elections have consequences" and the court should butt out.
     
    Denny Crane, Jun 26, 2015
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  19. magnifier661

    magnifier661 B-A-N-A-N-A-S!

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    Can you tell me who is gonna be president now? It will help with the stocks I choose to buy! ;)
     
    magnifier661, Jun 26, 2015
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  20. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Buy stocks in companies that donate heavily to democrats. They get great quid pro quo.
     
    Denny Crane, Jun 26, 2015
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