Outside the Supreme Court
March 27th, 2013
07:26 AM ET
1 year ago

Day Two of same-sex marriage at Supreme Court

Washington (CNN) - Day Two of the culture wars at the Supreme Court over same-sex marriage, and another opportunity for the justices to give political and legal clarity to a contentious issue.

The momentous week kicked off on Tuesday with arguments over California's same-sex marriage ban, and there was little indication when they concluded how the court might rule.

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Filed under: Same-sex marriage • Supreme Court
soundoff (21 Responses)
  1. Dutch/Bad Newz, VA

    It's a sad day for opponents of same sex marriage. Don't go crazy when the Court overturns Prop 8 and recognizes same sex marriage.

    March 27, 2013 08:15 am at 8:15 am |
  2. Rudy NYC

    What a complicated mess they're creating. I see several things in the Constitution that show why same-sex marriage cannot be banned.

    – Equal protection under the law. |
    – Freedom in the pursuit of happiness
    – All states must respect the laws of all other states
    – Separate but equal is unconstitutional
    – Separation of church and state

    Opponents of same sex choose to ignore all of those issues. Their legal arguments are weak at best, and they know it. IF the SCOTUS should punt and let states decide for themselves what to do, you will create more problems than what you would solve. I can see a scenario where a couple can get legally married in one state, and be arrested and jailed when vacationing in another state.

    Some argue that the issue is too new for the court to rule decisively, as it did with Roe v Wade. That's hogwash. The issue is before the court now because the time reign in the inexorable chaos soon to follow is now, before it even begins.

    March 27, 2013 08:23 am at 8:23 am |
  3. Rudy NYC

    from the article:

    The appeal centers on that element and involves Edith "Edie" Windsor, who was forced to assume an estate tax bill much larger than other married couples would have to pay. Because her decades-long partner was a woman, the federal government did not recognize the same-sex marriage in legal terms, even though their home state of New York did.
    --------------
    In other words, she was taxed at a rate as if she were single. But, why are married couples given some tax advantages over those people who are single in the first place? Too many laws and policies in this country have no objective rhyme or reason to them. But when you look at them subjectively, you may not always discover the motive for a law's existence but you can definitely spot the beneficiary with ease..

    March 27, 2013 08:36 am at 8:36 am |
  4. ST

    If the government allows anyone to practice in any faith they believe in, why not also let them engage themselves in whoever they think is the right person to be with in life. This also goes with beliefs and it is a private matter. It can't be a private and a personal matter defending yourself (remember those who tauts Second Amendment), and yet it is not private and personal matter to live happier with someone you want to be with in private life.

    March 27, 2013 08:47 am at 8:47 am |
  5. Rudy NYC

    ST

    If the government allows anyone to practice in any faith they believe in, why not also let them engage themselves in whoever they think is the right person to be with in life. This also goes with beliefs and it is a private matter
    ----------------
    The right wing allows you to do anything in private that falls within their rules to your little heart's content.

    March 27, 2013 09:44 am at 9:44 am |
  6. James Bond

    They wont be happy until they get preferential treatment, is your whole identity about homosexuality? Did not bother me until some pandering politician had to try to convince me it was gods will, please, if we were all gay? physical science makes it an easy one, not meant to be.

    March 27, 2013 09:49 am at 9:49 am |
  7. James Bond

    If you cant reproduce naturally, you should give pause before you try to convince people there is nothing wrong with it, then use scripture to imply that it is gods will, lost all credibility with the religious angle, there is no scripture that inequvicably states homosexuality is acceptable, that is the plain truth

    March 27, 2013 09:55 am at 9:55 am |
  8. James Bond

    Not just repubs that dont agree with homosexuality, you can make it legal, but you cant make it morally correct, sorry.

    March 27, 2013 09:59 am at 9:59 am |
  9. Sniffit

    "Not just repubs that dont agree with homosexuality, you can make it legal, but you cant make it morally correct, sorry."

    You, sir, are entitled to your morals. You can make them public, but you can't make them law. Sorry.

    March 27, 2013 10:24 am at 10:24 am |
  10. Fair is Fair

    Rudy says:

    "All states must respect the laws of all other states"
    ------
    Oh really? Why is it legal to purchase fireworks in some states but not others?

    March 27, 2013 10:26 am at 10:26 am |
  11. rs

    JB-
    Two points-
    First: Equal Rights are not equal to "preferential treatment". Even the defendent in yesterday's SC session had to admit same-sex marriage had NO effect upon anyone else's marriage.
    Second: It is a fools' gambit to base any discussion, or definition of marriage around child bearing. There are many married people with no kids. They don't have kids because they don't want then; can't afford them; are too old; because of health or medical reasons. Applying YOUR logic means unless you intend to pop out a kid- you don't have a marriage.

    Clearly, this would be an offensive notion to just about anybody.
    Question: Why is the GOP so obsessed with sex?

    March 27, 2013 10:40 am at 10:40 am |
  12. Sniffit

    ""All states must respect the laws of all other states"
    --
    Oh really? Why is it legal to purchase fireworks in some states but not others?"

    Boy, that question really shows you don't get it. We'll wait right here for you to go figure out why that question is irrelevant and fails to make the point you think it does, and then you can come back here to tell us why.

    March 27, 2013 10:42 am at 10:42 am |
  13. rs

    Fair is Fair

    Rudy says:

    "All states must respect the laws of all other states"
    --
    Oh really? Why is it legal to purchase fireworks in some states but not others?
    ________________________
    It is called the "Full Faith and Credit" Law. Which means that all legal documents (drivers' licences, marriage licenses, contracts, etc.) can operate over state lines.
    Fireworks are products, not legal documents.

    March 27, 2013 10:42 am at 10:42 am |
  14. muchthunder..little rain

    let the states decide...you dont like ..move...

    March 27, 2013 10:45 am at 10:45 am |
  15. Sniffit

    "is your whole identity about homosexuality?"

    Is your whole identity who you love and want to spend all of your life with? Your "better half"? Your "soulmate"? All the time and devotion and comfort and care and support and sharing of everything about yourself and all you experience together? And if all of that were restricted and limited and stunted and pressed down mercilessly by a glass ceiling through which you were left watching everyone else, those who stand on that glass ceiling, actualize all those hopes, dreams and basic human needs while yours remain unmet...would you feel lessened, like your identity is being crushed and your sense of self is under attack?

    The answer is YES, and no gender or sexual orientation has a lock on those basic human needs.

    March 27, 2013 10:50 am at 10:50 am |
  16. lottie

    just remember who votes for what and who takes a stand. If they can be voted out do it. this is not a moral issue but a human rights issue.

    March 27, 2013 11:19 am at 11:19 am |
  17. rs

    It is interesting to read the more Conservative sites and see them describing the Prop. 8 and DOMA cases as "moving societal change/public opinion at light speed". I suppose that as their latest Presidential timber, Mr. Rand Paul still advocates for segregation, and allowing race-based discrimination, same-sex marriage (or pretty much everything from this century) is going to look alien to the GOP.Then again, the GOP's rather unhealthy fascination with sex and reproduction clearly dates from the Victorian era....talk about lost causes.

    March 27, 2013 11:19 am at 11:19 am |
  18. Rudy NYC

    Fair is Fair wrote:

    Oh really? Why is it legal to purchase fireworks in some states but not others?
    -------------------
    What on earth are you talking about? You're not making sense.

    State "A" cannot prohibit State "B" from selling fireworks, or anything else for that matter. Neither can "A" prevent residents from going to "B" to purchase them. Just don't get caught with them in "A".

    The article means that if get a divorce in state "A", then when you move to state "B" you don't have to file for divorce all over again. Ditto, for marriage.

    March 27, 2013 11:21 am at 11:21 am |
  19. James Bond

    Agreed we allneed love, and id rather not stand on the glass, legalize it just dont try to convince me that its gods will, ok? i dont like people twisting scripture around, but it will always happen. i think itsa dangerous precidence to set

    March 27, 2013 11:25 am at 11:25 am |
  20. James Bond

    Sniffit, your last post made me think during lunch break.

    March 27, 2013 12:31 pm at 12:31 pm |
  21. Sniffit

    "Sniffit, your last post made me think during lunch break."
    :-)

    March 27, 2013 12:58 pm at 12:58 pm |