President Obama: “Equal Protection Clause Does Guarantee Same-Sex Marriage”

President Obama was asked by Jeffrey Toobin, writing for the New Yorker, to name the best Supreme Court ruling during his tenure as president so far.

His answer? The recent SCOTUS decision to not review same-sex marriage appeals which allowed marriage equality to move forward one state at a time.

“Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all fifty states,” he said. “But, as you know, courts have always been strategic. There have been times where the stars were aligned and the Court, like a thunderbolt, issues a ruling like Brown v. Board of Education, but that’s pretty rare.

“And, given the direction of society, for the Court to have allowed the process to play out the way it has may make the shift less controversial and more lasting.”

When asked if he would consider a judgeship after the presidency: “When I got out of law school, I chose not to clerk. Partly because I was an older student, but partly because I don’t think I have the temperament to sit in a chamber and write opinions.”

Ninth Circuit Grants Stay In Alaska Same-Sex Marriage Ruling Until Noon Friday

The 9th Circuit Court of Appeals has granted the state of Alaska a stay on a district court’s ruling that the state’s same-sex marriage ban in unconstitutional until Friday, October 17th at noon to allow Alaska an opportunity to seek a stay from the United States Supreme Court.

Should SCOTUS deny the request, the stay dissolves at 12:00 p.m. PDT on October 17, 2014.

Read the ruling here.

US Supreme Court Blocks Key Component of Restrictive Texas Abortion Law

The Supreme Court has blocked Texas from enforcing major components of a 2013 law that would close all but eight of the state’s abortion facilities.

The justices largely granted the request of abortion providers Tuesday. With three dissenting votes, the court suspended a ruling by the 5th U.S. Circuit Court of Appeals that allowed Texas to enforce a rule making abortion clinics statewide spend millions of dollars on hospital-level upgrades.

Voting 6-3, the US Supreme Court sided with abortion providers by suspending a ruling by the 5th Circuit Court of Appeals which would have allowed Texas to require abortion clinics to spend millions on upgraded facilities in order to stay open.

The legislation was famously filibustered by current Democratic gubernatorial candidate Wendy Davis.

(source)

Haters Share Rage Over SCOTUS Same-Sex Marriage Decisions

• Tony Perkins of the American Family Association:

“Led by activist in chief, Stephen Reinhardt, the three-judge panel scrapped the marriage laws of two more states just 24 hours after the Supreme Court left voters vulnerable to the benches’ attacks.

“Reinhardt is one of the most overturned judges in U.S. history, whose portfolio includes striking down the Pledge of Allegiance because it ‘indoctrinates our nation’s children with a state-held religious belief.’

“Yesterday’s opinion, however, is one of the most vicious yet. Reinhardt rips into the majority of Americans who believe children deserve (and need) a mom and a dad. ‘This proposition,’ (which incidentally, is rooted in years of social science data), ‘reflects a crass and callous view of parental love and the parental bond,’ Reinhardt rants, ‘that is not worthy of response.’ How typically liberal.

“Instead of encouraging debate, he shuts it down. Like most on the Left, he wants to attack the majority who hold these views and silence them because he knows the facts aren’t on his side.”

• Linda Harvey writing for BarbWire:

“The liberal majority in the 2014 Roberts court will now be labeled with the ‘C’ word—for being cowards. These justices upended American civilization while standing on the sidelines. Millions of voters in five states were assaulted in the public square, disenfranchised by this court’s decision to not overturn erroneous lower court rulings validating same sex ‘marriage.’

“Like Saul during the stoning of Stephen, they became bystanders, nodding their assent as terrible violence was committed. The ‘gay’ bullies got their way. Truth and morality were trampled but the black-robed bystanders will plead innocence. But let’s not just pick on certain lawyers because they do operate with some powerful constraints at times.

“What’s needed and totally possible is a firm stand by the GOP, no longer adopting the loaded lingo of the left, like denying being ‘anti-gay,’ which makes me want to scream.”

• Spokesman for the anti-gay National Organization for Marriage, Brian Brown:

“Right now I think folks who look at this issue and think that NOM or any of the groups out there supporting the traditional definition of marriage, that we’re the Goliath, and the pro-gay marriage Human Rights Campaign is the David — they’ve got the story in reverse. They are one organization among a whole platter of organizations like Freedom to Marry, GLAAD and all of these other groups that have almost unlimited access to the media and get their talking points across largely for free.

“But for us, it’s a lot more difficult and we’re up against a much bigger hurdle. I actually sort of relish that. It doesn’t matter to me whether it’s easier or harder or whether we have less money or more money. The real question is: are we standing up for the truth in marriage? And I’ve never had any question about that.”

Supreme Court Justice Scalia: Same-sex marriage decision coming “Soon! Soon!”

Supreme Court Justice Antonin Scalia spoke to a group of high school students at the University of Colorado on Wednesday, taking questions ranging from marijuana use to same-sex marriage.

When asked about the recent legislation that legalized marijuana use in the state, Scalia declined to give his opinion as he would then have to recuse himself should a case concerning the issue come before SCOTUS.

But he did add a little insight to his current frame of mind:

But he added, “the Constitution contains something called the Supremacy Clause,” which is the provision stating that federal laws trump state laws.

The justice was also asked when we’ll find out if the high court will take up the question of whether state same-sex marriage bans are constitutional.

“I know when, but I’m not going to tell you,” he reportedly replied, getting a big laugh from the audience. “Soon! Soon!” he added.

I’m hoping the passage means two things: that a marriage equality case will be taken up by SCOTUS and soon; and that Scalia keeps the “Supremacy Clause” in mind when he hears said marriage equality case.

US Justice Department Will File Brief with SCOTUS in Support of Same-Sex Marriage

“I expect that the Justice Department will file a brief and the brief will be consistent with the positions that we have taken in the past in support of same-sex marriage. I can’t imagine that that would be — that we would take any other position in — while this president is in office, and certainly as long as I am attorney general, or anybody who is my successor.

“I think the country is ready for that. I think all the polls certainly show that. The reactions to the continuing number of court cases that have found same-sex marriage to be constitutionally mandated — the polls have shown that the American people, I think, are prepared to accept that.

“Now this has been a sea change. This is something that has happened, I think, relatively quickly. Part of it is generational. I talk to my kids, who seem, no problems with this, no issues with this at all.

“But I think it’s more than a generational change. I think that people who know folks who are gay, who are lesbian, and who are their friends, their coworkers, they see the moral side to this. Um, it’s a civil-rights issue. From my perspective, it is the civil-rights issue of our day — gay and lesbian equality.”

– Attorney General Eric Holder speaking with NBC News‘ Pete Williams

Maryland: Supreme Court Justice Elena Kagen Officiates Same-Sex Wedding

Following in the footsteps of Justice Ruth Bader Ginsberg and retired Justice Sandra Day O’Conner, Supreme Court Justice Elena Kagen has officiated her first same-sex wedding:

From Huffington Post:

Justice Elena Kagan has officiated for the first time at a same-sex wedding, a Maryland ceremony for her former law clerk and his husband.

Kagan presided on Sunday over the wedding of former clerk Mitchell Reich and Patrick Pearsall in the Washington suburb of Chevy Chase, Maryland.

On September 29th, SCOTUS will consider whether to take up (or not) the issue of marriage equality as several appeals have been filed from multiple states.

7th Circuit Court of Appeals Stays Same-sex Marriage Ruling Pending SCOTUS Action

Click pic to enlarge

The 7th Circuit Court of Appeals has granted a stay on the ruling in the Wisconsin marriage equality case for now.

Last month the federal appellate court found marriage bans in both Wisconsin and Indiana to be unconstitutional.

The one page order reads as follows: “The stay will terminate automatically if the certiorari petition (to the Supreme Court) is denied or will terminate upon the judgment of the Supreme Court if the certiorari petition is granted.”

In addition to Wisconsin’s marriage case, the Supreme Court has received petitions of certiorari for marriage cases in Indiana, Utah, Oklahoma and Virginia.  The question for now is – which case will SCOTUS take up?  Or will it be none?

Justice Ruth Bader Ginsberg recently indicated that should the ruling in the 6th Circuit Court of Appeals fall in line with all the other pro-marriage equality rulings, SCOTUS may not see a reason to rush to rule on any of the cases.

SCOTUS has indicated that the same-sex marriage cases are on the agenda for consideration on September 29th.

(source)

Justice Ruth Bader Ginsberg Hints At SCOTUS Action On Marriage Equality Appeals

Speaking at the University of Minnesota on Tuesday, Justice Ruth Bader Ginsburg hinted on the Supreme Court’s plan of action on the issue of gay marriage, pointing to the 6th Circuit Court of Appeals cases.

The AP reports:

[Ginsburg] said ‘there will be some urgency’ if [the Sixth Circuit] allows same-sex marriage bans to stand.

Such a decision would run contrary to a legal trend favoring gay marriage and force the Supreme Court to step in sooner, she predicted.

She said if the appeals panel falls in line with other rulings there is ‘no need for us to rush.’