Fight against gay marriage still 'alive and well' in U.S., advocates warn

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The nomination of Amy Coney Barrett to the Supreme Court and fresh criticism of the 2015 gay marriage ruling by two justices has renewed advocates’ concerns.

President Donald Trump’s nomination of Judge Amy Coney Barrett to the Supreme Court to succeed Justice Ruth Bader Ginsburg last month ignited fears of an increasingly conservative court rolling back recently gained LGBTQ rights.

While the Court ruled unanimously against hearing her appeal on technical grounds, Thomas and Alito used the opportunity to issue a blistering critique of Obergefell, stating that Davis “may have been one of the first victims of this Court’s cavalier treatment of religion in its Obergefell decision, but she will not be the last.”

On that same call, HRC President Alphonso David, a civil rights lawyer, said the justices’ statement “made clear that the war on marriage equality against the lives of same-sex couples is alive and well.” That same day, Sept. 25, Lambda Legal came out against the Barrett nomination, calling it"rushed" in a statement. The organization also noted Barrett had once written a law review article arguing Supreme Court cases could be broken down into two categories: “precedent and superprecedent,” with the second representing decisions that are harder to overturn. It added that when asked by Sen. Sheldon Whitehouse, D-R.I., during her 2017 nomination hearing for the 7th U.S.

“She says she will not impose her personal beliefs on the law, and she will rule for the law as it is written, and I believe her because she has a track record of doing that, as do many of these conservative justices,” he added. Jon Gould, a professor at Arizona State University’s School of Criminology and Criminal Justice, agrees. He noted that polling data shows public support for same-sex marriage has continued to rise, and that the Supreme Court’s decisions on social issues tend to hew closely to public opinion.

Many were surprised when Gorsuch, a Trump appointee, voted in favor of those protections, and in fact wrote the decision. “That's where her nomination is going to be a tipping point potentially, because there's nothing about her that suggests that she will do anything other than advance that argument,” Gould said of Barrett.

He added that the same argument could have been applied earlier in America’s history by white supremacists in regards to interracial marriage.

Source: Law Daily Report (lawdailyreport.net)

 

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Do you support gay marriage? Follow me 📈 polls_unbiased 🏆 Please 💭 retweet and ♥️ like poll USA UnitedStates gay GayMarriage LGBTQ

That’s so ridiculous. Seriously, why does ANYONE think they have the right to decide who can get legally married and who can’t? Government should stay OUT of marriage-it’s hard enough without their intrusion!

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