Justice Kennedy Opened the Door to Same-Sex Marriage, Will He Walk Through Next?

[DonViejo]

Geoffrey R. Stone

Twenty-nine consecutive judicial decisions in the past year have held bans on gay marriage are unconstitutional. This is nothing short of extraordinary.

The United States Court of Appeals for the Fourth Circuit this week held unconstitutional a Virginia law prohibiting the recognition of same-sex marriage. This was the twenty-ninth consecutive judicial decision in the past 12 months holding that such are laws unconstitutional. This is nothing short of extraordinary. How did we get to this point?

In 1996, only 27 percent of Americans supported the legalization of same-sex marriage. In that year, Congress, by overwhelming majorities, enacted the Defense of Marriage Act (DOMA), which denied federal marriage benefits to legally-married same-sex couples and authorized states to refuse to recognize same-sex marriages performed in other states.. In the years since then, more than 30 states have amended their state constitutions expressly to forbid the recognition of same-sex marriage.

In supporting these laws, our elected representatives were fearsome in their contempt for same-sex marriage and their condemnation of homosexuality. Oklahoma Congressman Tom Coburn declared “homosexuality is based on perversion.” Florida Congressman Charles Canady thundered that only opposite-sex marriage “comports with . . . our Judeo-Christian moral heritage,” and Indiana Congressman Stephen Buyer proclaimed that the very notion of same-sex marriage constituted “an attack upon God’s principles.” Georgia Congressman Bob Barr warned that “the flames of hedonism . . . are licking at the very foundations of our society.”

Nonetheless, today, only 18 years later, 55 percent of Americans support same-sex marriage. But that doesn’t explain the avalanche of judicial decisions invalidating laws prohibiting marriage by same-sex couples right and left. There are lots of laws that the majority of people don’t like that courts don’t hold unconstitutional. Unpopular and unconstitutional are not the same thing.

- See more at: http://www.thedailybeast.com/articles/2014/08/03/justice-kennedy-opened-the-door-to-same-sex-marriage-will-he-walk-through-next.html#sthash.ro3gWwmv.dpuf

[Sunlei]

1. extraordinary! Thanks, Obama, our constitutional law Prof President.

Will be a grand day when President Obama is on the SC tooo,

[blkmusclmachine]

2. Based on Kennedy's decisions on Hobby Lobby, McCutcheson, Citizens United, and McCullen,

NOPE!

[BlueEye]

3. SCOTUS generally just does what Corporate America wants.

It's clear from all of their decisions. Hobby Lobby was about "religious liberty," except that it basically affirms corporate personhood. I doubt Roberts actually cares about religious liberty; he's willing to sell out women's rights to corporate interests.

However, I don't think Corporate America has anything against LGBT rights. Most corporations are very LGBT friendly. I saw recently that Monsanto was ranked one of the most LGBT friendly companies in America. Monsanto for Pete's sake.

I think SCOTUS will rule for marriage equality because Kennedy is pro-gay and because there's no compelling corporate interest on which to oppose it.

[AlinPA]

4. IMO, this case will be "to big to lose" for the GOP. and Kennedy will go with his party.