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Marriage Equality Heads to SCOTUS - Obergefell v. Hodges |OT| The Last Days of Murica

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Mike M

Nick N
nOA9jS4.jpg


http://www.washingtonpost.com/politics/courts_law/poll-gay-marriage-support-at-record-high/2015/04/22/f6548332-e92a-11e4-aae1-d642717d8afa_story.html





Results broken down by group.
Wonder what caused that spike between November '12 and March '13. Election backlash?
 

ivysaur12

Banned
Slate, on the author of the 14th amendment

This critical text is the handiwork of John Bingham—a now-forgotten American who was a key leader during Reconstruction. Described by Justice Hugo Black as “the Madison of the ... 14th Amendment,” Bingham pushed for new protections that would respond to the abuses of the former rebels and set important constitutional baselines for post-Civil War America. Bingham finally got his wish on April 28, 1866, when the Joint Committee on Reconstruction approved his text for Section 1 of its proposed Amendment.

A few days earlier, the committee had agreed on language for the proposed amendment that focused exclusively on the evils of racial discrimination, reading, “No discrimination shall be made by any State, or by the United States, as to the civil rights of persons because of race, color, or previous condition of servitude.” However, Bingham convinced his fellow committee members to broaden this language.

Bingham’s key move was to craft a new provision that promised “equal protection of the laws” for all persons, not just African Americans. In one of the most important edits in American history, Bingham added text that was, as he later explained, “a simple, strong, plain declaration that equal laws and equal and exact justice shall hereafter be secured within every State of the Union,” guaranteeing “equal protection” for “any person, no matter whence he comes, or how poor, how weak, how simple—no matter how friendless.”

Without Bingham’s revisions to Section 1, it’s entirely possible that the equal protection clause would have outlawed only racial discrimination—a major addition to our Constitution, to be sure, but a long way from the provision that we have today. Instead, Bingham incorporated into our Constitution the broad promise of the Declaration of Independence that “all men are created equal.” Better still, he perfected and universalized it by substituting the word “person” for Jefferson’s “men.”
 

HylianTom

Banned
I am so very glad that Slate posted this (and had hoped someone would post it here). The story of the 14th Amendment's wording isn't well-known, and more folks should get acquainted.

One common counterargument we hear all the time against applying Equal Protection to marriage law or LGBT persons is, "that's not what the 14th Amendment was intended for - it was added in for the benefit of newly-freed slaves!" - an argument offered while omitting the fact that the language was very deliberately changed to be much more generally applicable. (It's been especially amusing to hear this argument coming from folks who usually favor a plain reading of the text.)

I bookmark very few politics articles, but this one's damn good.
 

MoxManiac

Member
I used to find FreeRepublic hilarious, especially for bitter tears moment (2008 and 2012 election results was delicious), but lately I've just been more disturbed by some of the crap posted on that site.
 

HylianTom

Banned
I suspected it'd be crazy. Damn nice. And the big NOM rally is tomorrow - fun!

My long weekend has been scuttled; a co-worker was rushed into surgery yesterday, so I volunteered to help cover; I'll still have Tuesday off though. And now I have advance approval for an entire week off in June/July.

Meanwhile, NBC has given a reminder on how Tuesday's timeline will unfold..

How to Keep up With Supreme Court Same-Sex Marriage Arguments
The Supreme Court will release the audio and a transcript of Tuesday's oral argument in the same-sex marriage cases. The entire argument will last two and a half hours.

The argument will begin at 10 am. The first 90 minutes is on the question whether states can refuse to grant marriage licenses to gay couples. Then another hour is on the question whether states can refuse to recognize the marriages of gay couples that were legally performed elsewhere.

The Court will provide the audio and transcript of the argument on the first question as soon as the digital files are available for upload to the court's website. That should be around 12:30 pm.

The audio and transcript from the second question should come around around 2 pm.

—Pete Williams
http://www.nbcnews.com/news/crime-courts/how-keep-supreme-court-same-sex-marriage-arguments-n347861

Still psyched that they've decided to provide audio on the same day. Nice move.
 

ivysaur12

Banned
http://www.latimes.com/nation/la-na-gallup-poll-gay-marriages-domestic-partnerships-20150424-story.html

As the Supreme Court prepares to hear arguments on same-sex marriage, a new poll shows that more American adults are believed to be in gay marriages or domestic partnerships than had been previously thought.


A Gallup poll released on Friday found that nearly 2 million adults are part of a same-sex couple, of whom about 780,000 are married. Those results are higher than findings by the Census Bureau and by the Centers for Disease Control and Prevention.

Still, all three findings agree that the number of gay marriages and partnerships have been rising in recent years.

Congrats to everyone who hit their recruitment quotas!
 

HylianTom

Banned
I am number 38 in line. Whoo! Getting in for the full hearing.

D8egK45h.jpg
Sweet - you have a front row seat to the circus that'll pass by over the weekend! NOM will be throwing their big rally tomorrow. You should periscope/meerkat if anything interesting happens!

NOM%20MArch%20Fox%20says%20millions.jpg
 

Paskil

Member
I'm super excited. Some random citizen just walked down the line with a massive plate of still warm brownies and left once they got to the end of the line. Disgoanbegood.gif.
 

Link

The Autumn Wind
Sweet - you have a front row seat to the circus that'll pass by over the weekend! NOM will be throwing their big rally tomorrow. You should periscope/meerkat if anything interesting happens!

NOM%20MArch%20Fox%20says%20millions.jpg
"Saving America"

Guess I shouldn't have expected any less from Fox News.

EDIT - Just read the crawl. Now it's pretty funny.
 

Paskil

Member
Just met the plaintiffs from Michigan, April DeBoer and Jayne Rowse. Definitely was the most interesting case at the district level because there was actually a trial with witnesses and other testimony.

FrKuQo9h.jpg


And if you're wondering why there are no chairs down or people behind them, we had to move to the other side of the sidewalk because they were mulching the grounds.
 
So once this shoe drops, what's the over/under on how long it'll take before polygamy rights get mainstream attention? It creates pretty strong precedent for the freedom of consenting adults.
 

ivysaur12

Banned
So once this shoe drops, what's the over/under on how long it'll take before polygamy rights get mainstream attention? It creates pretty strong precedent for the freedom of consenting adults.

Depends. There really isn't any polyamorous lobby in America. We're sort of seeing weed take the same path that marriage equality did -- state by state approach to build support and reworking messaging. Nothing like that exists for polyamory, at least not yet.
 

danthefan

Member
Don't know if it's been mentioned in this thread but there's a referendum in Ireland next month on this issue, if it passes then marriage equality will be written into the constitution. Polls would suggest strong support and all the main political parties are supporting it, turnout is the only thing that could be a threat.
 

Thaedolus

Member
Fun fact: Derek Kitchen (of Kitchen vs. Herbert) kissed me on the cheek at a party last year after he pulled a giant Jenga piece which said spin and kiss. I didn't catch the gay. My wife thought it was funny.

Go equality.
 

Paskil

Member
By the way, the rally was really...something. Lots of flawed logic and religion talk. The march actually ended at the SCOTUS steps, so quite a few walked past us as they trickled out and left. Quite a few stopped to preach and to try to convert people.

I mostly just told people to not bother because I'm not changing their mind and they're not changing mine. Also, since arriving last night, I have received nine religious pamphlets/tracts. I'm also wearing my cheese head (Packer fan) so been getting a lot of positive comments and support. The weather is shit, but it has been a wonderful experience so far.
 

Wilsongt

Member
Even when we get full marriage equality, the fight still won't be over in red states with discrimination and "religious freedom" laws. It is really frustrating...
 

Suikoguy

I whinny my fervor lowly, for his length is not as great as those of the Hylian war stallions
I am number 38 in line. Whoo! Getting in for the full hearing.

http://i.imgur.com/D8egK45h.jpg [./img][/QUOTE]

That's awesome, what made you decide to spend the time camping out to get into the hearing? Also, are you planning on posting summaries?
 

Yen

Member
Don't know if it's been mentioned in this thread but there's a referendum in Ireland next month on this issue, if it passes then marriage equality will be written into the constitution. Polls would suggest strong support and all the main political parties are supporting it, turnout is the only thing that could be a threat.

The NO campaign posters are - not surprisingly - awful:

http://www.demotix.com/photo/7426269/vote-no-gay-marriage-referendum-campaign-posters-dublin

Same-sex adoption passed a few weeks ago, so most of the NO campaign talking points are moot.
 

HylianTom

Banned
Even when we get full marriage equality, the fight still won't be over in red states with discrimination and "religious freedom" laws. It is really frustrating...
Yup. For any politicians hoping that this arena of issues goes away in June, they're severely deluding themselves.

Bobby Jindal appears to be ready to drive our state's economy over a cliff for this issue, and who knows what Texas or Alabama (Roy Moore!) will do in response.
 
I hope this case works out for the best, but I couldn't help but have a sensible chuckle at the names involved that will live on through american history.

"Today where are learning about the great historical supreme court cases everyone. We'll be discussing Brown vs THE BOARD OF EDUCATION, Dred Scott vs Sandford...aaaaaaaaaand Obergefell vs hodges...

Very important case but it doesn't exactly have that epic ring to it like some of the others heh.
 
The NO campaign posters are - not surprisingly - awful:


http://www.demotix.com/photo/7426269/vote-no-gay-marriage-referendum-campaign-posters-dublin

Same-sex adoption passed a few weeks ago, so most of the NO campaign talking points are moot.

Somebody should stand next to them with a picture of a same sex couple and their adopted children that says "Children deserve parents, not no mother or father at all."

Such deplorable assholes.

Yup. For any politicians hoping that this arena of issues goes away in June, they're severely deluding themselves.

Bobby Jindal appears to be ready to drive our state's economy over a cliff for this issue, and who knows what Texas or Alabama (Roy Moore!) will do in response.
I don't know what the hell is wrong with Jindal. I used to think even the most ideologically driven Republican would have to have some bit of pragmatism within them that'd come out while controlling an executive branch of government, but he just seems fucking nuts.
 

GaimeGuy

Volunteer Deputy Campaign Director, Obama for America '16
So once this shoe drops, what's the over/under on how long it'll take before polygamy rights get mainstream attention? It creates pretty strong precedent for the freedom of consenting adults.

The problem is that many of the legal rights bundled up in marriage are binary in nature (power of attorney, primary beneficiary of your estate, etc). The concept of affirming your love to multiple people isn't the problem, it's the incompatibilities with legal statuses associated with the marriage contract.
 

Hazmat

Member
I hope this case works out for the best, but I couldn't help but have a sensible chuckle at the names involved that will live on through american history.

"Today where are learning about the great historical supreme court cases everyone. We'll be discussing Brown vs THE BOARD OF EDUCATION, Dred Scott vs Sandford...aaaaaaaaaand Obergefell vs hodges...

Very important case but it doesn't exactly have that epic ring to it like some of the others heh.

Melting pot, my man.

Can't wait for marriage equality in Texas and Louisiana, and everywhere else. Not there yet, but good days ahead.
 
The problem is that many of the legal rights bundled up in marriage are binary in nature (power of attorney, primary beneficiary of your estate, etc). The concept of affirming your love to multiple people isn't the problem, it's the incompatibilities with legal statuses associated with the marriage contract.

That's hardly a big roadblock. It'll be a good semantic hammer for assholes fighting against such rights, but in practical terms, it wouldn't be THAT hard to figure such things out, or to find ways to leave them open to let every group figure out their situation for themselves.


Anyway, icarus makes a good point. The right will continue to pander to their ever-shrinking base by finding loopholes and creating seemingly "reasonable" restrictions that don't do much but make life harder for the people these decisions are meant to protect in the first place.
 

Paskil

Member
It's raining really hard now. Very miserable. Supposed to rain until at least 1AM.

Here's my view from under my tarp.

Rbo5aNyh.jpg


That's awesome, what made you decide to spend the time camping out to get into the hearing? Also, are you planning on posting summaries?

Eh, a few things. First, I've always been interested in history and government. I actually work in state government. Because of poor decisions, I wasn't allowed to go to DC on our 8th grade trip. I finally made it out here last August, 32 years old then (long after 8th grade). When I came out last year, they had the courtroom closed because they were ripping it apart for deep cleaning. Still had a great time, but didn't get to see the courtroom. The judicial branch has always been my favorite, of the three. Was pretty disappointing.

I've been following every marriage case since DOMA/Prop 8. I didn't have plans for my vacation time this year and I knew this was coming. As soon as they announced the oral arguments date, I booked my flight. This will probably be the biggest civil rights case of my lifetime. Three birds with one stone: see the courtroom, attend a SCOTUS oral argument, and witness the possible apex of the gay marriage issue.

I'm not gay, but I've been a fierce advocate for gay rights since I became interested in politics. In 2006, I did a bunch of phone work trying to get people to vote against the Wisconsin constitutional amendment (didn't pan out, obviously).

In terms of updates, sure, I can keep posting up through the oral arguments on Tuesday and my thoughts after, but that's about it. To be frank, I really just want to witness any SCOTUS oral argument. It could be something ridiculously boring and I'd still thoroughly enjoy it.
 

madmook

Member
In terms of updates, sure, I can keep posting up through the oral arguments on Tuesday and my thoughts after, but that's about it. To be frank, I really just want to witness any SCOTUS oral argument. It could be something ridiculously boring and I'd still thoroughly enjoy it.
You are a gentleman and a scholar, dear sir! It is awesome to have a Gaffer there doing some frontline reporting. Your efforts are greatly appreciated.
 

Paskil

Member
I'll be able to post more in the morning. Everyone is very good in the line. I'll have more details about the people, including all the people that are just place-holding spots. I brought a solar charger that gives me a full phone charge. Will be going to Starbucks in the morning for an hour to charge my phone and the charger. My phone isn't doing so hot, at the moment.

All of that said, and sorry for the bump, here's a picture of me. Being from Wisconsin, I brought my cheesehead (worn it to four Packer games!). I brought along five pounds of teriyaki jerky I smoked myself on Thursday and some 10 year Hook's aged cheddar, because I'm from Wisconsin, AMIRITE? I walked down the line and gave out cheese and meat earlier today. The cheese is amazing. Its my favorite, after Hook's 12 year aged cheddar. Sogood.gif. highly recommend it.

Tons of people have walked past with supportive comments since Thursday night. Seriously, I am actually tearing up right now because it's so awesome how so many random passing people have been amazing.

My only regret is that I didn't think of spray painting my cheese head rainbow, like the pride flag, until now. I might still do this tomorrow since there's a Walmart that is pretty close to the Capitol.

n6tLJCMl.jpg
 

Paskil

Member
Oh, wow. I just a pretty good discussion with a guy that told me he came down because he saw me. I wanted to know what show, and he could only tell me it was an AM show.

A guy from NPR just went down the line interviewing those that would let him. I think he said they would only be using one or a few people, so I would doubt my story or answers would be compelling wnoihj for that.

Someone tweeted that people were hungry and one of his followers had 10 pizzas delivered from Dominos. An adorably little lady was here this morning handing out little packets of peanuts and m&ms. There was a little heart sticker on it to close.

I drank some whiskey last night because the rain was miserable. I think I then made an ass out of myself when I met three suits from HRC (Human Rights Campaign). They seemed interested and I got pretty passionate with all kinds of high ideals, and shit.

And holy fuck, Kris Perry and Sandy Stier just came by and they baked us brownies! I've already met several plaintiffs from the involved states.

The bar line for the lawyers formed this morning, all paid placeholders, I assume. Everyone has been amazingly friendly. I met a group from Sisters of Perpetual Indulgence. It has all been pretty amazing, so far.
 

Mike M

Nick N
What does the surrogacy poster even getting at? Isn't surrogacy for couples that can't concieve themselves but want a baby? In that case the baby would have parents for life.
I think it's about letting gay couples having children through surrogacy?
 

Link

The Autumn Wind
What does the surrogacy poster even getting at? Isn't surrogacy for couples that can't concieve themselves but want a baby? In that case the baby would have parents for life.
The same reason some counties in red states that had their SSM bans overturned are now not issuing marriage licenses to anyone. They're so determined to prevent gay couples from having rights, they're willing to screw over everyone else in the process.
 
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