Lawrence V. Texas

Gay Marriage Finally National: The Advancement Of Human Rights Reaches A New Pinnacle Of Social Justice!

Ronald 17 Comments

On June 28, 1969, the Stonewall Inn, a gay restaurant and nightclub in Greenwich Village in New York City, was raided by police, leading to a large scale riot. It was the beginning of the gay rights movement, the struggle against oppression.

46 years have passed, and on June 26, 2015, the Supreme Court upheld the right of gays and lesbians to marry everywhere in the United States, a path breaking advancement in human rights, reaching a new pinnacle of social justice. It makes America a more perfect democracy, promoting equality and liberty for another class of citizens who have faced oppression. It is a tremendous expansion of human rights and social justice!

America is a better nation for this fantastic development, and much credit is due to several people, including:

Then San Francisco Mayor Gavin Newsom, who was the first chief executive to promote gay marriage in California, and officiate at many gay weddings n 2003. He is now Lieutenant Governor of California, and likely successor to Governor Jerry Brown in the next gubernatorial election in 2018.

Ted Olson and David Boies, opposing attorneys in the Bush-Gore Presidential battle in 2000, who pursued the constitutional case promoting gay marriage, helping to lead it to Supreme Court decision yesterday.

Associate Supreme Court Justice Anthony Kennedy, who wrote the majority opinion in four crucial Supreme Court cases, in 2003 (Lawrence V Texas), two in 2013 (Hollingsworth V Perry) and (US V Windsor), and yesterday (Obergefell V Hodges) Without him, none of this advancement of gay rights and gay marriage could ever have occurred. Interestingly, all four of these cases were decided on June 26, of those years, 2003, 2013, and 2015!

The history of the gay rights movement is yet to be written, but it will be seen as part of the great movement forward as evidenced by the abolitionist crusade against slavery; the woman suffrage movement; the civil rights movement; the labor union movement; the environmental movement; the disability reform movement; the promotion of a safety net as represented by Social Security, Medicare, and now ObamaCare; and the immigration reform movement!

Supreme Court Accepts Same Sex Marriage Case: The Final Push For Marriage Equality Has Arrived!

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The Supreme Court has finally accepted a same sex marriage case, to be argued in April, and decided by the end of June!

This will be a blockbuster case, coming at a time when 36 states already allow gay marriage, and the final push for marriage equality has finally arrived!

While there is no guarantee that the Supreme Court will rule in favor of same sex marriage, it is hard to conceive of the Court rejecting it at a time when all but 14 states have accepted it, as the momentum is clearly in favor of acceptance.

Beyond that, the odds are good that at least five members of the present Court would support it, enough to bring it about, but it would be desirable if the vote was greater than that thin margin.

Associate Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, all Democratic appointments of Bill Clinton and Barack Obama, are seen as assured votes.

Ronald Reagan appointee Anthony Kennedy is the typical “swing” vote, and has supported gay rights in the past, and most particularly, in the case of Lawrence V. Texas in 2003, so it is expected he will go the same direction again.

But there is a chance that Chief Justice John Roberts could join the majority, and some observers imagine that Samuel Alito could join, also.

And even some think that Clarence Thomas and Antonin Scalia, seeing the handwriting on the wall, might join and make it unanimous, which would be the most fantastic situation imaginable!

Imagine the extremist Christian Right bigots, and conservatives and Republicans, and how they will, figuratively, commit suicide if the Court rules in favor of same sex marriage!

It will transform the Presidential Election of 2016, as how could any Republican nominee come out and condemn the Court, and run on some crazy idea that he would lead a movement to overcome the Supreme Court decision?

Just the thought that many Republicans, including those running for President, will be squirming in public, is a source of delight, as human rights wins out once again!

Same Sex Marriage Now Legal In Nearly Three Fourths Of Nation’s Population, With Florida Becoming The 36th State To Allow It!

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The rapid move toward same sex or gay marriage is nearly complete, as Florida became the 36th state to establish it, beginning on January 6.

Many states have resisted it, but federal courts have mandated it, and soon, the Supreme Court will need to deal with the concept, and the likelihood of declaring it to be a national right seems very close, likely in the next six months.

The main holdouts are mostly Southern and Great Plains States, but also Michigan and Ohio.

When one looks back just 12 years ago, when the Supreme Court ruled that gay couples have a right to privacy and to avoid prosecution, in the Lawrence V. Texas case of 2003, the rapidity of change is absolutely amazing!

Public opinion has rapidly come around, with more than 70 percent supporting gay marriage. This is particularly true among young people, any one under the age of 40 in particular.

Highly religious people still oppose it, and many senior citizens are unhappy about it as a group, but with the passing years, and eventual disappearance of the senior citizens of today, eventually, one will look back and wonder why the great opposition for so long to a basic human right being extended to gay and lesbian couples, just as interracial marriage was not made legal nationally until Loving V. Virginia in 1967.

Even today, there are those who are appalled by interracial marriage and relationships, but the answer is, with that and gay marriage, that it is none of anyone’s business who someone chooses to love and to marry. One has the right to disagree, but also realize that personal feelings do not make what is legal!

Supreme Court Expands Gay Marriage Rights To Five States, And Probably Six More, By Decision Not To Challenge Circuit Court Decisions!

Ronald 1 Comment

The nation is moving much closer to the eventual reality of gay marriage being accepted by the Supreme Court, probably in 2016.

It is clear there are NOT five votes to stop it from happening, as Anthony Kennedy very clearly has joined the four “liberal” Justices on that issue, based on his vote in Lawrence V. Texas in 2003.

Therefore, the conservatives on the Court have decided to, at the least, delay a final decision by allowing what has been approved by different circuit courts to stand as legal.

So now, Oklahoma, Virginia, Wisconsin, Utah, and Indiana must allow gay marriage as a result, raising the number of states to 24, but with six more states likely to added in days, including Wyoming, Colorado, Kansas, West Virginia, North Carolina and South Carolina, making a total of 30 states and 60 percent of the nation!

Additionally, the 9th Circuit Court of Appeals could rule similarly very soon, adding Alaska, Arizona, Montana, Nevada, and Idaho, making it 35 states.

The Religious Right will continue to promote hate and division, but they and right wing conservatives and Republicans will be repudiated for their stand, and in the long run, suffer dramatic decline in support, as they richly deserve to have happen to them, as they have shown the hypocrisy and falsehood of their religious and political philosophies!

Gay Marriage Case Likely On Way To Supreme Court For Ruling One Year From Now!

Ronald 1 Comment

The issue of gay marriage is likely on its way to the Supreme Court, and almost certainly will be decided a year from now, in the most blockbuster case of 2015!

The Tenth Circuit Court of Appeals has declared gay marriage to be a basic right, and that means marriages can move ahead in the near future in Utah, which brought the case, along with Colorado, Kansas, Oklahoma, Wyoming and New Mexico!

There is a temporary hold, but it is a major step forward, and insures, almost certainly, that the case will go to the Supreme Court this fall.

And it is ALMOST certain that we will have a Loving V. Virginia (interracial marriage) case result next year, allowing gay marriage everywhere in America, whether religious right wingers like it or not! One must realize that no church or other religious establishment would have to promote it, but civil marriage would move forward.

The belief is that there are four certain supporters of gay marriage on the Court—Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

Additionally, Justice Anthony Kennedy was the one who decided the path breaking case of Lawrence V. Texas, which greatly expanded the gay rights movement in 2003!

And it is possible to believe that Chief Justice John Roberts could also add his vote, making the vote next June 6-3!

The End Of A Hateful Man: The Reverend Fred Phelps Of The Westboro Baptist Church Is Dead!

Ronald 7 Comments

The world is a better place with the death of the Reverend Fred Phelps of the Westboro Baptist Church of Topeka, Kansas.

Phelps died at age 84, and left behind a legacy of total hatred, as he became controversial for his small group of followers, mostly family, picketing at funerals of Iraq and Afghanistan War veterans, approved by the Supreme Court in 2011 with some restrictions, as freedom of speech.

Phelps and his followers were not protesting the wars America engaged in, but rather the fact that gays and lesbians were permitted to exist, as he and his flock condemned homosexuality, and said gays and lesbians were doomed to hell.

Phelps failed to attract outside supporters, and even some of his own family repudiated him over the years, but he never gave up his fanatical hatred and poisonous rhetoric.

There is the temptation to say “goodbye and good riddance,'” but more than wishing that ill thought on anyone who has died, is the hope that we will never again see the likes of anyone who calls himself “religious”, abuse that term by wishing harm and promoting hate toward anyone, whether for their race, ethnicity, nationality, religion, gender, or sexual orientation.

The ultimate victory over Fred Phelps and his ilk is the fact that 18 states and Washington, DC back gay marriage rights, that eight other states have had federal judges move in that direction—Virginia, Pennsylvania, Ohio, Texas, Oklahoma Tennessee, Kentucky, and Utah, and that five other states—Missouri, Oregon, Nevada, Colorado, Wisconsin, as of this writing, recognize civil unions, a step toward eventual acceptance of gay marriage. So soon, it is likely, after appeal, that 26 states will be allowing gay marriage, and five others are also moving in that direction.

And ultimately, it seems highly likely that cases on gay marriage in the federal courts will lead to a Supreme Court decision, with a likely minimum 5-4 vote, including Justice Anthony Kennedy, who wrote the majority opinion in the crucial gay rights case, Lawrence V. Texas, in 2003, and then no state will be able to deny anyone the right to marry a person of either gender, another great advancement in human rights!

Federal District Court Judges And Same Sex Marriage Bans Collapsing!

Ronald 1 Comment

The move toward same sex marriage churns on, with federal judges having utilized the 14th Amendment in four “Red” states in the past two months now to end the discrimination against gays marrying.

So on Valentine’s Day, it now looks more evident than ever that a national Supreme Court decision is in the offing, with Associate Justice Anthony Kennedy, who wrote the majority decision in Lawrence V. Texas in 2003 igniting the gay civil rights movement, likely to be the fifth and decisive vote in any case that goes to the high Court!

Who would ever have thought that Utah, Oklahoma, Kentucky, and now, newly turned “Blue” Virginia (the state of the Loving V. Virginia interracial marriage case in 1967), would see such rapid action to defy the bigots and the haters?

The federal courts have been the herald of the future in so much of modern history, as with Brown V. Board of Education on racial integration, and Roe V. Wade on abortion rights, and Lawrence V. Texas on gay rights, and the courage of federal district judges across the nation to push the Supreme Court toward a final determination of same sex marriage is an indication that often we have to leave it to appointed judges to lead us to our better side of human nature, the ending of discrimination and injustice!

Sadly, we see right wing evangelicals, Catholics, and Mormons fighting a rear guard action, which only makes one realize the evils of these organized groups that have in the past been on the wrong side of many moral and ethical issues, overlooking slavery, segregation, women’s rights, and now gay rights. This is a losing battle long term, and these groups fighting against progress and human rights will pay the price in loss of membership by their willingness to fight a battle that is already lost!

Justice Harry Blackmun (1973), Justice Anthony Kennedy (2003), And The Likelihood Of Transformative Moment In Constitutional History Again!

Ronald 10 Comments

Associate Justice Harry Blackmun was a THIRD choice of President Richard Nixon for the Supreme Court in 1970 after rejection of Clement Haynesworth and G. Harrold Carswell, and Blackmun went on to make history in 1973, in authoring the decision in Roe V. Wade, arguably the most important decision in modern times on women’s rights!

Associate Justice Anthony Kennedy was a THIRD choice of President Ronald Reagan in 1988 after rejection of Robert Bork and Douglas Ginsburg, and Kennedy went on to make history in 2003, in authoring the majority opinion in Lawrence V. Texas, arguably the most important decision in modern times on gay and lesbian rights!

Are we about to see another transformative moment in the Court’s history and in constitutional history, with the upcoming case on gay marriage, being argued tomorrow and Wednesday, with Kennedy believed likely to continue to support gay advancement, and the hope that he will bring along Chief Justice John Roberts, who has a sense of history, and already showed leadership and courage in backing ObamaCare last June?

Many experts believe the Supreme Court will broadly back gay marriage, although they could just do a narrow decision on Proposition 8 in California, and on the Defense of Marriage Act as an alternative.

But this decision, if broadly based, could be of similar impact, as Loving V. Virginia was on interracial marriage in 1967, or Brown V. Board Of Education was on racial integration of public schools in 1954!

Senator Rob Portman, Gay Marriage, And The Republican Party Future

Ronald 6 Comments

Ohio Republican Senator Rob Portman, former Budget Director for President George W. Bush, one of the few moderate conservative voices in the Republican Party in the US Senate, has come out in favor of gay marriage, making him the first Republican Senator to do so, and unlikely to have others follow him. This seems, clearly, due to the fact that his younger son Will is gay, and Portman wants his son to have a happy life, and the rights and privileges of marriage someday.

One could point out that Portman only spoke up because of his son, which is clearly the case, but it still took courage for him to do what he did.

And it is interesting to see former Senator Rick Santorum spew his usual narrow minded hatred, and one has to wonder what if one of his children came out as gay or lesbian. As a “devout” Catholic, he probably would do what so many “devout” Christians have done, sadly, and that is to throw out their child, disown him or her, have no more contact with him or her, act as if that child no longer exists, rather than understand that gays do not choose to be what they are. Why would anyone want to be facing hate, prejudice, discrimination, and bodily threats if one could avoid it?

So for anyone claiming to be “devout” and “religious” and act like Rick Santorum and so many others, is hypocrisy, and until and when the Republican Party stops allowing the religious Right to control the party agenda, it will never win over the vote of the younger generation, which is totally tolerant on the issue of sexual orientation.

Many non office holding Republicans have come out for gay marriage rights, and Ted Olson, former Solicitor General under George W. Bush, is leading the case to be presented before the Supreme Court, and there is a feeling that the majority of the Court, led by Justice Anthony Kennedy, who made for the success in the Lawrence V. Texas case in 2003, on gay privacy rights, will declare gay marriage rights to be constitutional throughout the United States, although churches and synagogues would not be required to marry gay people. Such a decision for gay marriage would involve the right of civil marriage alone.

The Republican Party needs to change its view, or else, like in many other ways, it will go into the dustbin of history!

Robert Bork, Controversial And Rejected Supreme Court Nominee, Dead: Brings Back Memories And Reflections On Effect On Supreme Court

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Twenty five years ago, President Ronald Reagan nominated Robert Bork, former Solicitor General and Acting Attorney General under President Richard Nixon, as an Associate Justice of the Supreme Court. His death was announced today by his son.

Bork had become controversial for firing Special Prosecutor Archibald Cox during the Watergate Scandal, as ordered by President Nixon. But he also became controversial for the judicial viewpoint known as “originalism”, which contended that judges and Justices should always interpret the Constitution solely on the basis of what the Founding Fathers enunciated in the 18th century, and not consider changing times in their decisions.

This alarmed progressives, liberals, labor supporters, African Americans, women, environmentalists, and others who saw him as a threat to progress on race and gender, and also on privacy rights, including abortion and contraceptives, of which he vehemently was on record as an opponent of such rights not contained in the original Constitution. Ted Kennedy and Joe Biden became major critics, and his nomination became a massive controversy, and made it that future Supreme Court nominees would be examined with a “fine tooth comb”, making them less willing to be as forthcoming as Bork was in the Senate Judiciary Committee hearings.

Bork also believed in no limitation on police rights, and thought evolution should not be taught in public schools as fact, therefore promoting fundamentalist religion as part of the curriculum of schools. He was confrontational in his approach, giving as good as he received in the pursuing debate. He displayed no problem with the growth of monopolies, and had no interest in the rights of gay men and women.

After a bitter battle, he was rejected, and this affected the future Court, as Anthony Kennedy became the new appointee the following year, and now after almost 25 years on the Court, has become in recent years the “swing” vote on many cases, therefore having a major impact on constitutional law.

Do not forget that Kennedy’s vote on Gay Privacy rights, in Lawrence V. Texas in 2003, transformed the gay rights movement, and it is thought likely that his vote will call for the allowance of gay marriage when the cases presently before the Court come up for consideration in March, and decision in June!

There is no way that Robert Bork would have been a “swing” vote on the Court, and might very well have been MORE conservative and right wing than either Antonin Scalia or Clarence Thomas have turned out to be, so it was a great moment when Bork, with his radical right agenda, wishing to turn back the decisions of the Earl Warren and Warren Burger Courts that expanded individual rights from the 1950s through the 1980s, was soundly rejected!