UPDATED: Marriage Equality Granted 5 to 4
Source: SCOTUS Blog
Each of the four dissenters has written a dissent
by Amy Howe 10:02 AM
Sixth Circuit is reversed.
by Amy Howe 10:02 AM
Alito has filed a dissenting opinion, joined by Scalia and CT.
by Amy Howe 10:02 AM
Thomas dissents, joined by Scalia.
by Amy Howe 10:02 AM
Justice Scalia dissents, joined by Justice Thomas.
by Amy Howe 10:02 AM
Chief dissents, joined by Scalia and Thomas.
by Amy Howe 10:02 AM
It's 5-4.
by Amy Howe 10:02 AM
And to recognize a marriage between two people of the same sex when a marriage was lawfully licensed and performed out of state.
by Amy Howe 10:02 AM
Kennedy writes opinion
Holding: Fourteenth Amendment requires a state to license a marriage between two people of the same sex. -
See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_26_2015#sthash.23adV3qx.dpuf
Read more: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_26_2015#sthash.23adV3qx.dpuf
UPDATE 1:
The electronic version of the opinion is up.
http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
UPDATE 2:
The Chief Justice has the principal dissent, which is 31 pages long. Toward the end of it, he says, "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."
by Tejinder 10:11 AM
See more at: http://live.scotusblog.com/Event/Live_blog_of_opinions__June_26_2015#sthash.23adV3qx.dpuf
UPDATE 3:
Same-Sex Marriage Is a Right, the Supreme Court Rules, 5-4
Friday, June 26, 2015 10:04 AM EDT
In a long-sought victory for the gay rights movement, the Supreme Court ruled on Friday that the Constitution guarantees a nationwide right to same-sex marriage.
The decision, the culmination of decades of litigation and activism, came against the backdrop of fast-moving changes in public opinion, with polls indicating that most Americans now approve of same-sex marriage.
Read more » http://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html?emc=edit_na_20150626&nlid=57435284&ref=cta&_r=0
Action_Patrol
(845 posts)ChairmanAgnostic
(28,017 posts)kairos12
(12,872 posts)ChairmanAgnostic
(28,017 posts)Raster
(20,998 posts)bucolic_frolic
(43,287 posts)It will be interesting to read the dissents
MADem
(135,425 posts)The RC church hasn't evolved on this or women's issues at all.
In fact, it was the Catholic contingent that I found a bit worrisome.
All's well, though--I'll take a close victory over none at all.
Action_Patrol
(845 posts)PatrynXX
(5,668 posts)let alone close. think the abortion issue will be in danger now
AngryOldDem
(14,061 posts)With the exception of maybe Roberts, it came as no surprise to me who dissented.
BumRushDaShow
(129,459 posts)My cousin will be thrilled!
MADem
(135,425 posts)"Not until it's the law of the land!"
Looks like I'll be taking some plane rides!!!
Who doesn't like a good wedding or two?
BumRushDaShow
(129,459 posts)and he responded that he was "a little tearful" and thanked us for all our support (he got married 5 years ago). I know a whole community is probably experiencing a lot of mixed emotions right now - sheer joy, relief, exhaustion... !
MADem
(135,425 posts)"Good! Now you guys can be as miserable as the rest of us...and in all fifty states, toto!!!"
This is good for business, too! When MA legalized, there was an economic bump from all the weddings that happened after the law changed here. I'll bet the wedding planners, gown/tux rental/purchase places, country clubs and assorted banquet venues, florists, etc. are all doing cartwheels!
BumRushDaShow
(129,459 posts)And there will definitely be a business bump! Marriage is a big business for sure!
swimboy
(7,285 posts)What a relief.
All the right people are going to be upset. The rest of us PARTY!!!
Shrike47
(6,913 posts)ChairmanAgnostic
(28,017 posts)and are using their ACA benefits today to try to regain them.
BumRushDaShow
(129,459 posts)LiberalElite
(14,691 posts)Hearing aid and SAVOR it !!
Hepburn
(21,054 posts)...but thank gawd it went the correct way!
Jefferson23
(30,099 posts)DeadLetterOffice
(1,352 posts)DippyDem
(659 posts)And rethug heads explodes in breaking news everywhere!
riderinthestorm
(23,272 posts)way too close but so glad it's done.
Coventina
(27,172 posts)Surya Gayatri
(15,445 posts)Novara
(5,851 posts)Surya Gayatri
(15,445 posts)snooper2
(30,151 posts)Surya Gayatri
(15,445 posts)Hepburn
(21,054 posts)The Obama administration had urged the court to find that the Constitution requires such restrictions be struck down, and Solicitor General Donald B. Verrilli Jr. made the case on behalf of the administration at the courts oral arguments in April.
In a world in which gay and lesbian couples live openly as our neighbors, they raise their children side by side with the rest of us, they contribute fully as members of the community . . . it is simply untenable untenable to suggest that they can be denied the right of equal participation in an institution of marriage, or that they can be required to wait until the majority decides that it is ready to treat gay and lesbian people as equals, he said.
http://www.washingtonpost.com/politics/gay-marriage-and-other-major-rulings-at-the-supreme-court/2015/06/25/ef75a120-1b6d-11e5-bd7f-4611a60dd8e5_story.html
MADem
(135,425 posts)Fred Sanders
(23,946 posts)Surya Gayatri
(15,445 posts)The RW will call this BLACK JUNE.
LiberalElite
(14,691 posts)That is all
No that's not all - rw heads a poppin' hahahaha!!! Woot!!!!
lamp_shade
(14,841 posts)passnobuck
(92 posts)Hepburn
(21,054 posts)...I was just about to look for this.
passnobuck
(92 posts)I'm still reading it, but look forward to your always thoughtful comments after you read it.
Hepburn
(21,054 posts)IMO, from what I did read, Kennedy did a very thoughtful and very legally well-argued opinion. Bust most of all, it hit me as very kind and gentle in a very scholarly way. Most opinions do not make me feel like I want to cry -- some do: Brown v. Brd of Education is one of them that just make my legal heart strings sing.
I have been a very strong supporter of the rights of ALL people. I do not care about religion, sexual orientation, color, ethnicity, race, etc. I just have very strong feelings about the importance of simply being "human" and therefore one DESERVES equal rights. The issues about the ACA and my desire to see socialized medical care for everyone are also underpinned by these same feelings.
IMO, Justice Kennedy wrote so wonderfully about the human rights of all who love another. I was very pleased to see his use of the Loving case. I have always felt that this case would eventually lead the way to equal rights for all persons wishing to marry.
The above may not be much of a legal opinion...but I am so happy to day with the three cases that came down from SCOTUS! I am literally dancing around my office!
passnobuck
(92 posts)Feel mostly the same way about Kennedy's choice of words in this opinion. Some of it quite poetic, as well as solidly reasoned, relying upon all and mentioning some of those relevant precedents.
I was surprised a bit that it was only 5-4. I felt sure Roberts would be smarter, and his dissenting opinion actually just was outrageously juvenile. It would have flunked a freshman law school course, for the lack of understanding of what Amendment 14 says about equality of all under the state/nation's laws. Just a solid F to Roberts for his absurd legal reasoning in his dissent.
Anyway, it's now a matter of history, and really shows Roberts is more a political guy than a genuine Constitutional scholar.
Always a pleasure to read your thoughts on DU.
bravenak
(34,648 posts)JustABozoOnThisBus
(23,365 posts)... it's about effing time!
William769
(55,147 posts)closeupready
(29,503 posts)William769
(55,147 posts)closeupready
(29,503 posts)sheshe2
(83,900 posts)Novara
(5,851 posts)frazzled
(18,402 posts)A great week for everyone!
Jefferson23
(30,099 posts)my deepest respect for doing so.
still_one
(92,396 posts)not have been.
Jefferson23
(30,099 posts)Remember Hamdan vs Rumsfeld? I am grateful for his contributions, they're
significant in light of the members of the court.
He also came out recently speaking about our disastrous incarceration system..you
take the good where you can.
Blue_Adept
(6,402 posts)and the business side of things has largely been on the equality side for awhile now as it's good for business, drawing in talent, and is certainly a boon in the PR/social media side of the world.
Surya Gayatri
(15,445 posts)cowardly Con ass and keep the SCOTUS decision from causing a major constitutional crisis.
Herman4747
(1,825 posts)onehandle
(51,122 posts)Big money in marriage.
Same as guns and politics. (Heller and Citizens United)
He doesn't vote for justice. He votes for $$$.
Jefferson23
(30,099 posts)in its entirety to see that is not his only approach.
asiliveandbreathe
(8,203 posts)separation of church and state - IMHO...
Now - will someone explain this thinking as written by the chief in dissent -
he says, "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." -
jwirr
(39,215 posts)constant in all marriages is a marriage license from the government. Religion plays a role in marriage only if one wants a religious ceremony in a church. There are many other ways to be married legally apart from religion.
Went to a Native American wedding this weekend. The official doing the wedding was not a minister. He was a NA leader who got permission from the government to preform the wedding. What makes you married is the permission that you received from the government and our civil rights are to all government services.
BTW forgot to say Whoopee.
asiliveandbreathe
(8,203 posts)The Chief Justice in his oral announcement took some of the edge off of his denunciation of the Court (reviving the Lochner principle of liberty, e.g.) with an encouragement to gay people to celebrate what they the newly one, but says don't celebrate the Constitution; "that had nothing to do with it."
Lochner principle of liberty - interesting read...excerpt -
Lochner's appeal was based on the Fourteenth Amendment to the Constitution, which provides: "... nor shall any State deprive any person of life, liberty, or property, without due process of law." In a series of cases starting with Dred Scott v. Sandford (1857), the Supreme Court established that the Due Process Clause (found in both the Fifth and Fourteenth Amendments) is not merely a procedural guarantee, but also a substantive limitation on the type of control the government may exercise over individuals
Great Day to celebrate life, liberty and the pursuit of happiness....
Octafish
(55,745 posts)Yeah, see. Numbers are more than a game.
Equal rights under law, right. Money, see.
closeupready
(29,503 posts)Submariner
(12,509 posts)with occasional tornadoes and earthquakes?
I'll withhold judgment until Pat Robertson shows us the way....
Until then...'bout time.
passnobuck
(92 posts)The next Earthquake and any hurricanes for the next year or two in the USA will be a direct result of this decision, according to those who say they talk to God.
ellie
(6,929 posts)onehandle
(51,122 posts)...during her two terms. It's still a conservative court and a danger to us all. (See Heller and Citizens United).
However, like in Obamacare, there is profit in gay marriage, and profit overrides social issues, currently.
Congratulations to all my friends on their future legal marriages.
Roland99
(53,342 posts)President Sanders now....
truebluegreen
(9,033 posts)no, thanks. Go Bernie!
SoapBox
(18,791 posts)President Sanders will appoint common sense judges.
bucolic_frolic
(43,287 posts)no-sex marriages as well as non-marriage?
There's a lot of them going around too.
cosmicone
(11,014 posts)Something that should be common sense took a very long and hard fight. Nevertheless, all is well that ends well.
Javaman
(62,534 posts)mnhtnbb
(31,404 posts)Herman4747
(1,825 posts)Glorfindel
(9,734 posts)"I am as light as a feather, I am as happy as an angel, I am as merry as a schoolboy. I am as giddy as a drunken man..... Hallo here. Whoop. Hallo."
I think Charles Dickens expressed my feelings of joy perfectly! God bless us all, everyone!
rocktivity
(44,577 posts)Last edited Fri Jun 26, 2015, 12:32 PM - Edit history (1)
Heterosexuals don't have to put up with being legally married in one state but not another. Why should non-heterosexuals?
rocktivity
madamvlb
(495 posts)hack89
(39,171 posts)Botany
(70,582 posts)Third Doctor
(1,574 posts)I'm going over to troll yahoo comments right now!
Eugene
(61,948 posts)Source: The Guardian
Dan Roberts in Washington
Friday 26 June 2015 15.04 BST
[font size=1]-snip-[/font]
In what may prove the most important civil rights case in a generation, five of the nine court justices determined that the right to marriage equality was enshrined under the equal protection clause of the 14th amendment.
[font size=1]-snip-[/font]
Read more: http://www.theguardian.com/society/2015/jun/26/gay-marriage-legal-supreme-court
Jefferson23
(30,099 posts)Le Taz Hot
(22,271 posts)I go out to water the garden, come back in and we have marriage equality? Holy shit!
truebluegreen
(9,033 posts)wants to hide his head in a bag over this mummery, this judicial Putsch, these mystical aphorisms of fortune cookies...to go with the jiggery-pokery and applesauce of yesterday (was it only yesterday?).
I'm crying crocodile tears for the poor alleged Justice, and his similarly deluded brethren.
But tears of Joy! Joy! JOY! for the rest of us.
hunter
(38,327 posts)Aristus
(66,462 posts)CONGRATULATIONS!
truthisfreedom
(23,155 posts)K lib
(153 posts)myrna minx
(22,772 posts)harun
(11,348 posts)TBF
(32,093 posts)etherealtruth
(22,165 posts)iandhr
(6,852 posts)Great news. I was at the gym when I heard.
Took my mind of the Knicks draft pick last night.
Third Doctor
(1,574 posts)the folks down here in Alabama is going to "love" this. I have to go out to buy my popcorn so I can enjoy the meltdown.
6chars
(3,967 posts)Kennedy's writing the opinion makes it clear it is not just from D appointed justices, and the opinion seems to be very strong, preemptively shutting up nit pickers by saying it is not just due to some narrow arcane reasoning, it is the right thing. Great day!
sabrina 1
(62,325 posts)iandhr
(6,852 posts)Today was a giant leap.
stopwastingmymoney
(2,042 posts)"The constitution has nothing to do with it" my ass!
That pisses me off, this guy is our Cheif Justice.
And notice he says 'benefits' rather than rights, fucker.
I'm so happy today, maybe I have to read no further in order to maintain that
This is a beautiful day, congratulations to friends and family across the country!
MissMillie
(38,580 posts)I'm very proud of my country today.
randys1
(16,286 posts)saying the law exists just because 5 justices wanted it to.
Sore losing, butt hurt motherfuckers.
FUCK OFF
SoapBox
(18,791 posts)I AM really surprised.
Haters, eat cake...WEDDING Cake!
Response to DonViejo (Original post)
Name removed Message auto-removed
Ms. Toad
(34,087 posts)I expected mandatory state recognition. Perhaps 6-3 on that limited decision.
Declaring a constitutional right to marry goes beyond my wildest dreams (regardless of the split).
LongTomH
(8,636 posts)Think I'll have another:
Marrah_G
(28,581 posts)A very hard fought victory
awoke_in_2003
(34,582 posts)I will probably start my own thread about my evolution on this matter, but I cannot fathom how someone turns their back on a loved one like that. I know it happens, but because of my family I cannot understand it. Congratulations to everyone who is affected by this decision. I've said it before, but "civil rights for all or none"
mahatmakanejeeves
(57,608 posts)Published: June 26, 2015 2:25 p.m. ET
Banks and investors pushed the states and the courts
SAN FRANCISCO (MarketWatch) The U.S. Supreme Courts stunning decision to allow same-sex marriage nationwide may have been inevitable, but along the way, it had what may be a surprising ally: Wall Street.
In March, a whos who of Wall Street banks filed a brief to the court supporting same-sex marriage. They included American International Group, Bank of America, BlackRock, Credit Suisse, Deutsche Bank, Goldman Sachs, J.P. Morgan Chase, UBS, and Wells Fargo.
The patchwork of laws allowing and banning same-sex marriage burdens businesses by costing them both time and money, wrote Susan Baker Manning, the briefs counsel of record.
This years effort was a follow-up to a brief filed to the Supreme Court in 2013 just before the court struck down key provisions of the Defense of Marriage Act. Some banks, including Bank of America, J.P. Morgan and Wells Fargo did not sign on to the brief two years ago.
In 2011, Wall Street heavy hitters including hedge fund manager Dan Loeb of the hedge fund Third Point; Paul Singer, the founder of Elliott Management and an ardent Republican donor; and Clifford Asness, the head of the quant fund AQR Capital helped support and finance the campaign that eventually led to New York Gov. Andrew Cuomo pushing through the bill that gave same-sex New Yorkers marriage rights.
Cha
(297,655 posts)Mahalo Don!
Hekate
(90,793 posts)DiverDave
(4,887 posts)Now get married, folks.