Ten years after the Supreme Court extended marriage rights to same-sex couples nationwide, the justices this fall will consider for the first time whether to take up a case that explicitly asks them to overturn that decision.
Kim Davis, the former Kentucky county clerk who was jailed for six days in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds, is appealing a $100,000 jury verdict for emotional damages plus $260,000 for attorneys fees.
In a petition for writ of certiorari filed last month, Davis argues First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses.
I can’t imagine a world where they overturn gay marriage. At the same time, which 2 republicans justices would vote to keep it? Roberts was originally in the dissent, but surely he changed his mind. Kavanaugh, Barrett or Gorsuch?
Overturning gay marriage doesn’t seem like as high a priority as overturning roe v wade. So maybe they would choose to not rock the boat.
There is no figurative boat to the rock anymore. Our laws are based on stare decisis and the highest authority of it is blatantly corrupt.
They can remove any sort of right and face no repercussions beyond strongly worded opinions from Sotomayor and Jackson.
didn’t they overturn stare decisis with chevron?
I don’t think so. It seems like a specific case that creates a guidance for courts to follow US agency’s enforcement of a law, and that’s no longer the case, but IANAL.
I’m using stare decisis in the general sense in that it’s a quality of most western law systems, particularly US - past decisions and higher authorities take precedence.
But what happens when the highest authority makes bad-faith decisions?
They already overturned Roe v Wade and Thomas has said to bring cases to overturn marriage rights on the basis of race and sexual orientation. I’m a little surprised they aren’t also going after the right to work for the LGBT community, since we only just won that right in 2020.
You forget that, with these people, the hatred is the point. The more they can prevent ‘the other’ from existing, the sooner their ‘perfect’ world can take shape.
It’s interesting that some of the cryptobros are using dildos as a protest, since I bet Trollito is still very GRRR ANGRY about people being able to have those and would love to rule on that to allow “states rights” to allow shitty rigged-for-the-right states like Texass to curb human rights again.
They seriously hate gay people.