Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2023-12-13
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor
Sponsor

  WINDY CITY TIMES

Supreme Court: The nagging question behind Friday's announcement
by Lisa Keen, Keen News Service
2015-01-18

This article shared 9654 times since Sun Jan 18, 2015
facebook twitter google +1 reddit email


There is at least one small nagging question looming over the happy news Friday that the U.S. Supreme Court will hear the appeals of same-sex couples challenging laws in four states that refuse to license or recognize their marriages.

Most legal observers are saying these four cases —from Michigan, Tennessee, Ohio, and Kentucky— will be the means by which the Supreme Court will strike down such laws in 22 states. ( Thirteen states are still enforcing their bans and nine are still in court defending their bans. )

In making its announcement Friday, the Supreme Court spelled out two questions for attorneys to argue. Question 1 is the big one: Does the 14th Amendment require a state to license a marriage between two people of the same sex?

"A 'Yes' to the first question is [the] whole ball game. We very much want that," said Al Gerhardstein, lead counsel for same-sex couples in the case from Ohio, Obergefell v. Hodges ( along with a companion case Henry v. Hodges ).

Question 2 is the nagging one: Does the 14th Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

The second question presupposes the possibility of a "No" answer on Question 1.

Thus the stage is set once again for a dramatic "Most Important LGBT Case Ever Before the U.S. Supreme Court."

A "yes" answer on Question 1 would enable same-sex couples to obtain marriage licenses in any of the 50 states. Currently, they can marry in 37 ( including Missouri, whose most populous counties are issuing licenses ). A "yes" answer would also bolster the likelihood that LGBT people could rely on existing laws for equal protection and due process arguments in other arenas, including employment, public accommodations, and adoption.

The cases challenging the Defense of Marriage Act and California's Proposition 8 carried that dramatic mantle in 2013. The decisions in those cases struck down a federal law that prohibited same-sex couples with marriage licenses from receiving federal benefits, and allowed same-sex couples in California to marry. But they also signaled to lower courts that the Supreme Court could no longer be counted on to tolerate the sort of contortions most courts used to go through to find a "gay exception" to every rule.

"A lot would depend on the wording of the decision, but conceivably a 'yes' answer on the first question could provide an important basis for challenging any other law that discriminates on the basis of sexual orientation," said Richard Socarides, a long-time LGBT activist who writes on legal and political issues for The New Yorker magazine.

Dana Nessel, one of the key attorneys for the same-sex couple in the Michigan case, agreed. If the court says the bans are not justified by any rational reason, the impact might be limited. But if the court says that laws, such as these, that disfavor LGBT people fail to identify a compelling reason to do so — a much tougher hurdle to clear— "the decision could have very broad impact and apply to all other areas" of discrimination."

Nessel noted that, in Michigan and other states, some adoption agencies are attempting to refuse to place children with same-sex couples and some bakeries refuse to provide services to same-sex couple weddings, often citing religious objections. And the state legislature, she said, is expected to pass laws in the coming session to enable businesses to use religious claims to discriminate against LGBT people.

"In Michigan, there are no protections of any kind for the LGBT population —in employment, housing, anything," said Nessel. "We would love to see something that could be applied to other areas."

So the best case scenario in the Sixth Circuit marriage appeals would be akin to that in Loving v. Virginia, the 1967 decision that struck down state bans on interracial marriages. That 1967 decision said that state laws banning marriage between persons solely on the basis of racial classifications violated the 14th Amendment's guarantees of equal protection and due process. With the Sixth Circuit marriage appeals, the best language would find that laws banning marriage on the basis of sexual orientation violate the constitution.

But even a "yes" to Question 2 alone would "at least provide some relief," said Gerhardstein.

That's why attorneys for same-sex couples in three of the four cases on appeal ( all but Kentucky ) posed the question themselves, along with the question of whether the states could refuse to issue licenses.

The Sixth Circuit U.S. Court of Appeals, in November, became the first federal appeals court to answer "No" to both questions.

LGBT legal groups have been working with private attorneys on the four cases to make the appeals: Lambda Legal and the ACLU are working in Ohio in Obergefell v. Hodges, the National Center for Lesbian Rights is working with lesbian activist attorney Abby Rubenfeld and others in Tennessee in Tanco v. Haslam, Gay & Lesbian Advocates & Defenders is working in Michigan on DeBoer v. Snyder, and the ACLU is involved in Kentucky in Bourke v. Beshear.

The LGBT groups and their allies must file argument briefs by February 27. State officials must file their briefs by March 27. Then attorneys for the same-sex couples can file one last "reply" brief by April 17. That suggests the oral arguments —which have been allotted a total of two-and-a-half hours— will probably be held on April 27, 28, or 29, the last days calendared for oral arguments in the 2014-15 session.

"The court may give additional direction to the parties in the cases regarding structuring oral argument on each of the questions," said Susan Sommer, Lambda's director of constitutional litigation. "There also may be some variations in the facts and legal issues presented in the different cases that will be taken into account as well in planning for oral argument."

But the LGBT groups and attorneys working on the cases have been "working together, very effectively, for decades towards our shared goal to win equality," she said. "And I'm confident we will continue to work together effectively in this home stretch."

© 2015 Keen News Service. All rights reserved.


This article shared 9654 times since Sun Jan 18, 2015
facebook twitter google +1 reddit email

Out and Aging
Presented By

  ARTICLES YOU MIGHT LIKE

Gay News

Greek legislature approves marriage equality 2024-02-15
- Greece has become the 36th country, and the first Christian Orthodox-majority one, to legalize same-sex marriage. The BBC reported that same-sex couples will now also be legally allowed to adopt children after the 176-76 vote that ...


Gay News

Tenn. legislators back bill that lets officials refuse to perform same-sex weddings 2024-02-15
- Defying a national ruling that authorized marriage equality, Tennessee lawmakers approved a measure that would allow public officials to refuse to perform weddings of same-sex couples, The Hill reported. Tennessee's House Bill 878/Senate Bill 596 says ...


Gay News

WORLD Marriage in Greece, UK politics, cruise death, HRC grants 2024-02-02
- The Holy Synod of the Church of Greece unanimously agreed at a recent meeting that it is "strongly opposed" to the Greek government's promised bill on same-sex marriage and adoption, Balkan Insight reported. The conservative New ...


Gay News

NATIONAL Marriage news, fighting fentanyl, anti-LGBTQ+ crimes, Grindr 2024-02-02
- The Virginia House of Delegates passed a bill that would affirm marriage equality in the state, The Washington Blade noted. House Bill 174, introduced by state Del. Rozia Henson (D-Prince William County), passed in the Democratic-controlled ...


Gay News

WORLD Activist honored, marriages in Estonia, Madrid law, trans sports item 2024-01-05
Video below - The National AIDS Commission (NAC) recently honored Caleb Orozco—a leading figure in the fight for LGBTQ+ rights in Belize—for his instrumental contributions to the national HIV response, BNN reported. According ...


Gay News

Catholic Church allows priests to bless same-sex couples but reaffirms disapproval of gay marriage 2023-12-22
- LGBTQ+ couples can now receive blessings from priests, but the Catholic Church maintained its strict ban on gay marriage, according to a Vatican document approved by Pope Francis Dec. 18. This historic change in doctrine marks ...


Gay News

Greek government vows to back marriage equality 2023-12-22
- Despite opposition from the Church of Greece and within the ruling New Democracy, Greek Prime Minister Kyriakos Mitsotakis' government said it will eventually move to legalize same-sex marriage, The National Herald reported. However, no timetable was ...


Gay News

Dignity/Chicago welcomes new rule on church blessings for same-sex marriages 2023-12-18
--From a press release - Dignity/Chicago, the advocacy organization for LGBTQI Catholics and friends, welcomed the news that the Vatican's doctrinal office has officially declared it possible for Catholic priests to bless same-sex unions and ...


Gay News

New Ways Ministry: Pope's blessings approval is Christmas gift to LGBTQ+ Catholics 2023-12-18
--From a press release - MOUNT RAINIER, Maryland—Statement by Francis DeBernardo, Executive Director, New Ways Ministry: Pope Francis gave LGBTQ+ Catholics an early Christmas gift this year by approving blessings for same-gender couples. The Vatican ...


Gay News

Pope Francis changes policy, allowing priests to bless same-sex unions; GLAAD responds 2023-12-18
--From a press release - GLAAD: "By removing barriers to priests blessing LGBTQ couples, the Pope accurately recognizes that LGBTQ people and our relationships are worthy of the same affirmation and support in the Church, and this strengthens couples in their ...


Gay News

LGBTQ+ couple the first in South Asia to have marriage recognized 2023-11-30
- Transgender woman Maya Gurung and Surendra Pandey became the first LGBTQ+ couple to have their marriage legally recognized in South Asia after they received a legal certificate in Nepal's Lamjung district on Nov. 29, The Guardian ...


Gay News

WORLD Thai marriage law, French bill, Miss Universe, IKEA, activist dies 2023-11-24
- Thailand Prime Minister Srettha Thavisin said that the cabinet approved a draft law on marriage equality and that it would be brought to parliament during a session starting in December, Reuters reported. If the draft law ...


Gay News

Pope: Trans people can be baptized and act as godparents 2023-11-09
- Pope Francis has stated that trans people may be baptized and act as godparents or witnesses to marriage under the same conditions as any other adult—as long as a scandal does not result, according to PinkNews. ...


Gay News

Jamaica court upholds sodomy law; activist ends fight in that country 2023-11-01
- On Oct. 27, the Jamaica Supreme Court upheld the country's anti-sodomy law, claiming that only Parliament could repeal the statute—and the ruling has resulted in a longtime advocate/attorney ending his fight for LGBTQ+ rights in the ...


Gay News

Several dozen people arrested over 'gay wedding' in Nigeria 2023-10-25
- Nigerian security personnel arrested more than 70 young people after accusing them of organizing a same-sex wedding, The South China Morning Post reported. Same-sex marriage is illegal in Nigeria under a 2014 law. Gombe, where the ...


 


Copyright © 2024 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.

All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transgender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 
 

TRENDINGBREAKINGPHOTOS







Sponsor


 



Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam     
Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.