The law is as it has been for plus years, and so the burden is on them to make the persuasive case as to why they should be married, not just for their benefit but for what the impact is on society and marriage as a whole, and on children. I would argue that the gay community has not made the argument. They may have made the argument as to why they want it, but they have not made any arguments as to why this is beneficial for society.
Tap here to turn on desktop notifications to get the news sent straight to you. What is the Supreme Court thinking about marriage?
They just heard oral argument from gay couples, from the states that want to preserve their bans, and from the U. First, a few basics. There are nine justices. Conventional wisdom is that four are sympathetic to marriage equality.
Four are probably opposed. And one is probably somewhere in the middle. The ones who are opposed are really opposed, starting with Scalia. He said marriage equality amounts to "a requirement of action which is unpalatable to many of our citizens for religious reasons.
Yeah, there are nondiscrimination laws that require businesses to treat customers equally. Religious officials can choose who to associate with in private. But this case is about the government. Justice Roberts also seemed to be coming down against marriage equality. The fundamental core of the institution is the opposite-sex relationship and you want to introduce into it a same-sex relationship.
This is also ridiculous. But the states are continuing to cling to this idea that marriage has to be about the ability to reproduce.
This is the same argument that the anti-gay side made two years ago in the Windsor case. And how did that work out for them? Only Alito and Thomas signed on to that reasoning with Windsor.
Speaking of Alito, during this most recent argument, he brought up polygamy as a reason to deny marriage equality. He asked, in essence: This comes up a lot, and it can be a hard question to answer. For example, if one member of the group divorces, do any of the remaining spouses get child custody?
In part because plural marriages are just as heterosexual as they are queer. I mentioned Thomas a minute ago. But he has written things.
Back in February he wanted to the court to block marriage from starting in Alabama, saying they should have "preserved the status quo. Couples are denied their rights, which has ramifications from child custody to driver licenses to death certificates.
Look at what the status quo means: Gay couples separated in hospitals. Losing their life savings when one passes away.“That same-sex couples are willing to embrace marriage’s solemn obligations of exclusivity, mutual support, and commitment to one another is a testament to the enduring place of marriage in.
Opponents of same-sex marriage argued that individual states are acting in the public interest by encouraging heterosexual relationships through marriage policies, so voters and legislators in. The fundamental core of the institution is the opposite-sex relationship and you want to introduce into it a same-sex relationship.
This is also ridiculous. I don't know much about straight couples. The Supreme Court of the United States has ruled that marriage equality is legal in all 50 states under the Fourteenth Amendment.
The ruling came early Friday morning just before many Pride. On Friday, the Supreme Court issued a 5 to 4 decision in favor of same-sex unions.
Nov 28, · Same-sex marriage II: The arguments for Posted Wed, November 28th, am by Lyle Denniston This is the second of four articles explaining the constitutional controversy, now awaiting the Supreme Court’s attention, over same-sex marriage.