Supreme Court Justice Alito Criticizes High Court’s Marriage Equality Ruling

Supreme Court Justice Samuel Alito (screen capture)
While delivering the keynote speech at the Federalist Society’s convention last night, Supreme Court Justice Samuel Alito surprised some by going full-on anti-same-sex marriage by openly criticizing the high court’s 2015 Obergefell ruling. The Federal Society is the ulra-conservative organization that, among other things, has advised and recommended all three of Donald Trump’s Supreme Court picks. From HuffPost:

Alito condemned the landmark same-sex marriage decision Obergefell v. Hodges, saying it has led to censorship of people who believe is “a union of one man and one woman.” He suggested it meant that freedom of speech is “falling out of favor in some circles.”

“You can’t say that marriage is a union between one man and one woman. Until very recently, that’s what the vast majority of Americans thought. Now it’s considered bigotry,” Alito said.

“That this would happen after our decision in Obergefell should not have come as a surprise,” he added. “Yes, the opinion of the court included words meant to calm the fears of those who cling to traditional views of marriage. But I could see, and so did the other justices in dissent, where the decision would lead.”

First of all, the Merriam-Webster Dictionary defines the word bigotry as “obstinate or intolerant devotion to one’s own opinions and prejudices.” So, “clinging” to one’s own views without considering those of others pretty much falls under that definition. And, as HuffPost points out, “people can still freely express opposition to same-sex marriage, just as their critics can freely call them ‘bigots.'” Alito also criticized governors for issuing “sweeping restrictions” in response to the coronavirus pandemic, which is currently surging in nearly every state in the union.

Nevada Is First State Constitution To Recognize All Marriages

(image via Depositphotos)
The state of Nevada is on its way to making history as the first state in the U.S. to acknowledge all marriages in its state constitution. On the ballot this election cycle was Question 2 which asked voters to remove an existing provision that only marriage between a male person and a female person would be recognized. The state constitution will be amended to require the state (and its political subdivisions) to recognize all marriages and issue marriage licenses to couples regardless of gender, and to treat those marriages equally under the law. The ballot question did include explicit language that allows religious organizations and clergy to refuse to perform a marriage that they don’t agree with on religious terms. Same-sex marriages became legal in the Silver State in 2014, and across the nation in 2015 thanks to the U.S. Supreme Court’s historic Obergefell v. Hodges ruling. At this writing, the Secretary of State’s website shows the measure passing overwhelmingly by 61.69 percent to 38.31 percent. Gary Brewer, who married his husband this past May in a small ceremony, told local news affiliate FOX5, “It feels really good to know this is the direction Nevada has taken and I feel really proud to call the state my home,” Chris Davey of the Henderson Equality Center told FOX5 the legal amendment won’t change daily life for LGBTQ Nevadans at this time, but could prove to be crucial if the now-conservative leaning U.S. Supreme Court were to rule in favor of rolling back rights for same-sex marriages.

As I reported last month, on the first day of the Supreme Court’s new term, conservative Justices Clarence Thomas and Samuel Alito chose to reignite their discontent with the 2015 decision that made marriage equality the law of the land. Justice Thomas wrote that the Obergefell ruling “enables courts and governments to brand religious adherents who believe that marriage is between one man and one woman as bigots, making their religious liberty concerns that much easier to dismiss.” Since that time, Amy Coney Barrett (who has a history of anti-LGBTQ views) has been confirmed to replace recently-deceased Justice Ruth Bader Ginsburg increasing the conservative-leaning of the court to 6-3. Just this week, Barrett heard arguments in a case regarding a Roman Catholic adoption agency in Philadelphia (Catholic Social Services) that claims a First Amendment right to decline to match foster children with same-sex households even though it signed a contract with the city agreeing not to engage in anti-LGBTQ discrimination through its taxpayer-funded activities. According to Washington Blade reporter Chris Johnson, the court appeared to side with CSS after the oral arguments. With these Supreme Court developments in mind, state-based legal moves like Question 2 in Nevada become all the more important for LGBTQ Americans. (source: FOX5 News, Washington Blade)

News Round-Up: October 22, 2020

Me, Olivia Newton-John, Michael and Lindsay Wagner (2012)
Some news items you might have missed: • Throwback Thursday: I was reminded of this moment in 2012 (above) when Olivia Newton-John played a concert in Palm Springs and the one and only Lindsay Wagner showed up! Michael and I squealed like the Bionic Woman fans we are 🙂 • NBC News: Seventy percent of Americans support same-sex marriage, according to the 11th annual American Values Survey, the highest percentage recorded by a major national poll. The results, released Monday, found just 28 percent of respondents oppose the right of gay couples to wed. • Edge Media: TikTok announced in a statement that the social media platform will ban anti-LGBTQ content, including that which promotes conversion therapy. Users appear to trust TikTok, as it has become a space for survivors — and younger LGBTQ people who fear being subjected to conversion therapy — to find and connect with one another. • Kenneth in the 212: I’m a day late, but Kenneth’s ‘Wrestle Wednesday’ entry this week is definitely worth clicking over to 🙂 VICE News: Almost 21,000 Election Day polling places have been eliminated heading into the 2020 U.S. election, a drastic dip in voting locations driven by a heavy shift to mail voting, coronavirus-related consolidations, cost-cutting measures, and voter suppression. • Coronavirus: Spain became the first Western European country to exceed 1 million COVID-19 infections on Wednesday, doubling its tally in just six weeks despite a series of increasingly stringent measures to control the second wave of the virus. • Fox News: Donald Trump holds a narrow advantage in Ohio, while voters in the three battleground states that put him over the top in 2016 prefer Joe Biden, according to Fox News polls of likely voters. Biden leads by 12 points in Michigan (52-40 percent), 5 points in Pennsylvania (50-45 percent), and 5 points in Wisconsin (49-44 percent). Trump carried each of these states by less than a percentage point in 2016.

Pope Francis Calls For Civil Union Laws For Same-Sex Couples

Pope Francis (image via public domain)

Pope Francis (image via public domain)
In a new documentary that premiered in Rome on Wednesday, Pope Francis signaled a break from the Catholic Church’s official teaching calling for civil union laws for same-sex couples. And this from the Catholic News Agency:

“Homosexuals have a right to be a part of the family. They’re children of God and have a right to a family. Nobody should be thrown out, or be made miserable because of it,” Pope Francis said in the film, of his approach to pastoral care.

After those remarks, and in comments likely to spark controversy among Catholics, Pope Francis weighed in directly on the issue of civil unions for same-sex couples. “What we have to create is a civil union law. That way they are legally covered,” the pope said. “I stood up for that.”

Francis has expressed an interest in reaching out to the church’s LGBTQ followers in the past, but his comments have primarily been along the lines of general ‘welcoming’ and not substantive policies.

Barrett Dodges On LGBTQ Rights & Marriage Equality “I Can’t, I’m Sorry”

Sen. Dianne Feinstein and Judge Amy Coney Barrett

Sen. Dianne Feinstein and Judge Amy Coney Barrett Sen. Dianne Feinstein (D-CA) brought up LGBTQ rights and specifically marriage equality during today’s confirmation hearing with Supreme Court nominee Judge Amy Coney Barrett. Feinstein asked Barrett whether she believes marriage equality is settled law, but Barrett dodged on giving a clear answer. In public comments, Barrett has previously made it known she did not support the 2015 Obergefell ruling which made marriage equality legal across the U.S. She also believes Title IX doesn’t protect transgender people on the basis of sex discrimination. In responding today, Barrett used the anti-LGBTQ phrase “sexual preference” in referencing sexual orientation indicating that she believes it is a choice. The catchphrase is popular among those who oppose LGBTQ rights and maintain queer people could just choose to be straight if they wanted to.

Here is a clip of Sen. Feinstein asking the judge about her thoughts on both the Defense of Marriage ruling which SCOTUS struck down as well as the Obergefell decision.

Feinstein: “Both decisions were decided by a 5-4 margin. Justice Ginsburg was in the majority. Justice Scalia dissented in both cases. You said in your acceptance speech for this nomination that Justice Scalia’s philosophy is your philosophy. Do you agree with this particular point of Justice Scalia’s view that the U.S. Constitution does not afford gay people the fundamental right to marry?”

Judge Barrett: “If I were confirmed, you would be getting Justice Barrett, not Justice Scalia so I don’t think that anybody should assume that just because Justice Scalia decided a decision a certain way that I would too. But I’m not going to express a view on whether I agree or disagree with Justice Scalia for the same reasons that I’ve been giving.

“Now, Justice Ginsburg, with her characteristic pithiness, used this to describe how a nominee should comport herself at a hearing. ‘No hints, no previews, no forecasts.’ That had been the practice of nominees before her but everybody calls it the Ginsburg rule because she stated it so concisely and it’s been the practice of every nominee since. So I can’t, and I’m sorry to not be able to embrace or disavow Justice Scalia’s position but I really can’t do that on any point of law.”

Feinstein: “Well that’s really too bad because it’s really a fundamental point for large numbers of people in this country. I understand you don’t want to answer these questions directly but you identify yourself with a Justice that you, like him, would be a consistent vote to roll back hard-fought freedoms and protections for the LGBT community. And what I was hoping that you would say is that this would be a point of difference where those freedoms would be respected and you haven’t said that.”

Barrett: “Senator, I have no agenda and I do want to be clear that I have never discriminated on the basis of sexual preference and would not ever discriminate on the basis of sexual preference.

“Like racism, I think discrimination is important. On the questions of law, however, I just, because I’m a sitting judge and because you can’t answer questions without going through the judicial process, can’t give answers to those very specific questions.”

Podcast: Supreme Court Justices Against Marriage Equality, Charlie Carver, Drag Out The Vote

The Randy Report podcast

The Randy Report podcast delivers the week's top stories in a quick, convenient podcast - 'the 60 Minutes of gay news - only shorter' In this week’s podcast: • Two Supreme Court Justices made it clear they’d like to overturn marriage equality in the US • A transgender woman was found shot to death in Puerto Rico making her the 6th trans person to die by violence in the territorty • Charlie Carver, currently starring in Netflix’s The Boys in the Band says he came out as gay after a coworker slapped him for appearing gay in public • Don’t miss the all-star benefit performance of The Great Work Begins: Scenes from Angels in America • Drag Out the Vote has now unveiled a new voter initiative: Divas for Democracy: United We Slay, a digital variety show bringing together some of the biggest names in theater and drag All that and more in this episode of The Randy Report

He Put A Ring On It! Sweet Marriage Proposal Goes Viral

L-R Cody Boykin proposes to Brandon Moss (via Twitter)
You know what never fails to make me smile? Marriage proposals. And since we can use some smiles these days, check out the viral video below of Cody Boykin dropping to one knee and proposing to his boo, Brandon Moss. The couple met online in December of 2017, but not the way you think that sounds like. The two became friends from a random comment on an Instagram post. According to their page on The Knot, they can’t remember who sent the first message, but Brandon and Cody soon became Insta-Friends chatting on the social media platform. But, they didn’t actually meet face to face until March 2019. Brandon phoned at 4 am one Sunday morning and asked Cody if he would come to visit him in Lynchburg, Virginia. Cody wasn’t totally sure, but jumped in his car and off he went. According to the couple, Cody arrived at 7:30 am and it was love at first sight. Since then, they made the long-distance thing work, but five months later, standing at the edge of a lake, Cody realized what his future needed to look like. On bended knee, he asked Brandon to marry him. Amid the tears, a stunned Brandon said ‘yes.’ The nuptials will take place this fall in late October. After the wedding, the newlyweds will live in Raleigh, North Carolina, where Cody currently practices law. Tweeting a quick video clip of ‘the moment,’ Cody wrote, “The day I asked my best friend to marry me.” Congratulations to the happy couple!

New Data Shows Changing Attitudes On LGBTQ Acceptance

June 26 has become such a special day in LGBTQ history in the United States many now view the date as ‘National Gay Pride Day.’ It was on this day in 2003 the U.S. Supreme Court struck down so-called ‘sodomy’ laws which made consensual adult sexual activity in private a crime (Lawrence v Texas). In 2013, SCOTUS invalidated the ‘Defense of Marriage Act’ which prohibited the federal government from recognizing same-sex marriages (Windsor v United States). June 26, 2015, was a historic day for LGBTQ people when the high court ruled marriage equality is a constitutional right bringing same-sex marriage to the entire United States (Obergefell v Hodges). Two years later, on June 26, 2017, the Supreme Court the court gave us another win in Pavan v. Smith ruling that the state of Arkansas, by refusing to automatically list both members of a same-sex couple as parents on their children’s birth certificates (which was routinely done for opposite-sex parents), was violating the legal parameters enumerated in Obergefell which declared same-sex couples must be afforded “the constellation of benefits that the State has linked to marriage.” A lot of progress has been made by the LGBTQ community in great part because of changing attitudes about homosexuality, not only in the U.S. but around the world. Pew Research has been tracking public opinion on the acceptance of LGBTQ people since 2002. In its latest survey of 38,426 people in 34 countries, Pew found acceptance is still growing in most of the world, but not everywhere. For instance, from 2013 (the last time Pew polled the question) to 2019, the number of Americans who say homosexuality should be accepted has risen from 60% to 72%. Only 21% said homosexuality should not be accepted by society. Most of Western Europe supports acceptance. Sweden has the highest level of support at 94% followed by The Netherlands (92%), Spain (89%), France (86%), and the UK (86%).  

 

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Other countries, while not quite as approving, have shown double-digit increases in support like South Africa (from 32% to 54% support), India (15% to 37%), and Turkey (9% to 25%). But in regions like the Middle East and Africa, some nations offer little support like Kenya (14%) and Tunisia (9%). Israel stands out as an exception in the Middle East with 47% support, although many might have expected that figure to be higher considering the popularity of Pride events in cities like Tel Aviv.  

However, the results aren’t all puppies and rainbows. Attitudes in some countries have actually dropped since Pew first began asking the question in 2002. The 2019 survey shows only 14% support in Russia, 9% in Indonesia, and a scant 7% in Nigeria. All of those figures are lower than the 2002 results. Pew Research does note, though, that the Philippines, often seen as a conservative nation in terms of social issues, was found to have 73% acceptance. A country’s wealth seems to have a correlating factor to acceptance as well. Germany, Sweden, and The Netherlands each have a per-capita gross domestic product over $50,000 and all show huge support for LGBTQ people. But poorer countries like Kenya, Ukraine, and Nigeria – all with per-capita GDP under $10K – indicate approval around 14% or lower. For those interested, 32 countries around the world have legalized marriage equality with Costa Rica joining the list last month. (source: Pew Research)

Celebrating 5 Years Of Marriage Equality In The US

Today, we celebrate 20 years since the first same-sex weddings were legally officiated in the United States.
It was five years ago today that the U.S. Supreme Court issued its historic ruling, Obergefell v. Hodges, making same-sex marriage legal across the entire United States. In light of the happy occasion, I thought it would be a good idea to take a look back at how marriage equality has spread across the globe. Currently, 32 countries recognize same-sex marriage. On September 12, 2000, The Netherlands became the first nation on the planet to legalize marriage equality. On April 1, 2001, the day the law went into effect, the world watched as four same-sex couples exchanged marriage vows in a ceremony officiated by the mayor of Amsterdam. In July 2010, Argentina led the way in South America after several cities including Buenos Aires had allowed gays and lesbians to enter into civil unions. While Denmark made marriage equality legal in 2012, it’s worth noting they were the first country in the world to recognize same-sex couples as domestic partners.
(image via ABC News)
In 2015, Ireland became the first country to legalize same-sex marriage via popular vote. Until then, other countries came to marriage equality via court ruling or legislation. In 2019, Taiwan became the first country in Asia to legalize marriage equality. Last month, Costa Rica became the first nation in Central America to recognize same-sex marriage. Here are the 32 countries (so far) that have legalized same-sex marriage (in chronological order): The Netherlands Belgium Spain Canada South Africa Norway Sweden Argentina Portugal Iceland Denmark Uruguay Brazil New Zealand England Wales France Luxembourg Scotland United States Ireland Finland Greenland Colombia Malta Australia Germany Austria Taiwan Ecuador Northern Ireland Costa Rica (source: ABC News)

Disney Star Raven-Symoné Announces Surprise Wedding

L-R Raven-Symoné and Miranda Maday announce their marriage (via Instagram)
Raven-Symoné, who first found fame as a child star on The Cosby Show in the late 1980s, announced on her social media Thursday that she married her girlfriend, Miranda Maday, in a private backyard ceremony. “I got married to a woman who understands me from trigger to joy, from breakfast to midnight snack, from stage to home,” wrote the 34-year-old actress. “I love you Mrs. Pearman-Maday!” The former child star’s full name is Raven-Symoné Christina Pearman. She closed the announcement adding, “Let’s tear this world a new asshole!!! I’s married NOW.”

Shortly before sharing the big news, the former co-host of The View teased her 2.1 million Instagram followers with the message, “So something happened this week, that has changed my life FOR THE BETTER!”

 

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So something happened this week, that has changed my life FOR THE BETTER!

A post shared by Raven-Symoné (@ravensymone) on

Maday followed Symoné’s big announcement with a post of her own captioned, “8PM ~ my wife for life.” She included a gif of the couple embracing during the ceremony.

 

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8PM ~ my wife for life ❣️

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“Thank you to all those who helped and for those who understand why it was small during this time,” wrote Symoné in a follow-up post with what appears to be a reference to the ongoing COVID-19 health threat.

 

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Thank you to all those who helped and for those who understand why it was small during this time.

A post shared by Raven-Symoné (@ravensymone) on

Following her childhood roles on The Cosby Show (1989-1992) and Hangin’ with Mr. Cooper (1993-1997), Symoné successfully segued into her teens starring in the hit Disney Channel series, That’s So Raven for four seasons (2003-2007). She received strong reviews for her star turn as ‘Deloris van Cartier’ in the Broadway musical Sister Act marking her debut on the Great White Way. She also appeared in several feature films over the years including two Dr. Doolittle movies with Eddie Murphy for which she garnered an NAACP Image Award nomination. The multi-hyphenate performer has also scored success in the music industry releasing several solo albums. In May 2015, she was announced as a replacement co-host for the long-running gabfest, The View. But in October 2016, she said she would soon be leaving the ABC talk show and teased a return to television acting. Raven’s Home, a spin-off of her earlier series, debuted in July 2017 on the Disney Channel and has aired three seasons. The show has already been picked up for a fourth season. Symoné told the world in 2012 she considered her sexual orientation private, writing, “I’m not one for a public display of my life.” But then, in August 2013, following the U.S. Supreme Court’s ruling that struck down parts of the heinous Defense of Marriage Act which denied federal recognition of same-sex marriage, the actress tweeted, “I can finally get married! Yay government! So proud of you!”

And now, she has. Congratulations to the happy couple!