The map is about to meet in the middle
November 13, 2014 6:54 AM Subscribe
The Supreme Court has lifted the stay preventing same-sex marriage in Kansas; meantime, South Carolina is stayed until November 20th.
Also, the map is getting close to meeting in the middle. Wiki already has Kansas colored in blue, but Freedom to Marry still has it listed as "ruling paving the way", and CNN still has the ban listed.
Also, the map is getting close to meeting in the middle. Wiki already has Kansas colored in blue, but Freedom to Marry still has it listed as "ruling paving the way", and CNN still has the ban listed.
Wow Alito wasn't a part of the dissent?
Either he really wants to hear a case because he thinks he can arm wrestle Kennedy or he's basically just bowing to the inevitable at this point.
Scalia seems hellbent on trying to reverse his previous jurisprudence that is being routinely cited as supporting gay marriage. I guess he doesn't want his "legacy" tainted.
posted by vuron at 7:09 AM on November 13, 2014
Either he really wants to hear a case because he thinks he can arm wrestle Kennedy or he's basically just bowing to the inevitable at this point.
Scalia seems hellbent on trying to reverse his previous jurisprudence that is being routinely cited as supporting gay marriage. I guess he doesn't want his "legacy" tainted.
posted by vuron at 7:09 AM on November 13, 2014
This is all so damn weird. I live in Savannah, Georigia, which is literally less than a mile from the South Carolina border and is pretty gay friendly. But no gay people can get married unless they go over the bridge. Then when they come back, they're legally not married. WTF.
Yeah, yeah, it's great that some people are finally being allowed to do what everyone else can do, but in only in certain designated areas. Sheesh.
posted by Brandon Blatcher at 7:15 AM on November 13, 2014 [2 favorites]
Yeah, yeah, it's great that some people are finally being allowed to do what everyone else can do, but in only in certain designated areas. Sheesh.
posted by Brandon Blatcher at 7:15 AM on November 13, 2014 [2 favorites]
i also live in one of those states still waiting (after a tiny sliver of not waiting filled with weddings and laughter). it's hard in some ways to watch this slow process, but i'm heartened by every victory, hoping it is a preview of things to come.
posted by nadawi at 8:07 AM on November 13, 2014 [1 favorite]
posted by nadawi at 8:07 AM on November 13, 2014 [1 favorite]
Given the narrow scope I think it is indicative, but not necessarily predictive.
Being charitable Scalia and Thomas may have simply wanted the full SCOTUS to rule on the issue before lifting the stay.... (ok hard to type with a straight face, but still)
If I had to guess, when the SCOTUS finally gets around to it, it'll be the sheer number of affirmative rulings that really decides how they ultimately come down. Which has been pretty one sided over all. I would think it would be difficult for the majority of SC Justices to vote to overturn the overwhelming preponderance of how the lower courts have ruled. Given that each Circuit Court cover multiple states I would think it'd even be difficult to do a States rights runaround, but you never know.
With the earlier 6th Circuit panel ruling The SCOTUS is finally(likely) going to be unable to dodge the issue full force. (Unless a full en banc review in the Sixth Circuit, and that request is granted and the 6th then rules in line with all the other Circuit rulings)
I actually am having a hard time deciding on how to feel about the SCOTUS and the speed in which they are operating. On one hand part of me is JUST HEAR THE DAMN THING ALREADY YOU KNOW IT'S COMING, SO DEAL WITH IT!!! and on the other hand, given the relative rate of speed this issue has evolved over the last 5-10 years, I guess the SCOTUS isn't moving all that slow, it just feels like it in an age of NOW NOW NOW.
posted by edgeways at 9:16 AM on November 13, 2014 [1 favorite]
Being charitable Scalia and Thomas may have simply wanted the full SCOTUS to rule on the issue before lifting the stay.... (ok hard to type with a straight face, but still)
If I had to guess, when the SCOTUS finally gets around to it, it'll be the sheer number of affirmative rulings that really decides how they ultimately come down. Which has been pretty one sided over all. I would think it would be difficult for the majority of SC Justices to vote to overturn the overwhelming preponderance of how the lower courts have ruled. Given that each Circuit Court cover multiple states I would think it'd even be difficult to do a States rights runaround, but you never know.
With the earlier 6th Circuit panel ruling The SCOTUS is finally(likely) going to be unable to dodge the issue full force. (Unless a full en banc review in the Sixth Circuit, and that request is granted and the 6th then rules in line with all the other Circuit rulings)
I actually am having a hard time deciding on how to feel about the SCOTUS and the speed in which they are operating. On one hand part of me is JUST HEAR THE DAMN THING ALREADY YOU KNOW IT'S COMING, SO DEAL WITH IT!!! and on the other hand, given the relative rate of speed this issue has evolved over the last 5-10 years, I guess the SCOTUS isn't moving all that slow, it just feels like it in an age of NOW NOW NOW.
posted by edgeways at 9:16 AM on November 13, 2014 [1 favorite]
!
posted by Jacqueline at 9:23 AM on November 13, 2014
posted by Jacqueline at 9:23 AM on November 13, 2014
All I know is, I'm still hoping Scalia's head explodes cartoon-style sat the numbers rack up.....
posted by easily confused at 9:41 AM on November 13, 2014 [1 favorite]
posted by easily confused at 9:41 AM on November 13, 2014 [1 favorite]
I suppose it wouldn't be too disruptive if I just started grinning in the corner come Thanksgiving in Kansas when the relatives bring this up in conversation.
(To be fair, they well could be OK with this. People are mysterious.)
posted by rewil at 10:20 AM on November 13, 2014 [4 favorites]
(To be fair, they well could be OK with this. People are mysterious.)
posted by rewil at 10:20 AM on November 13, 2014 [4 favorites]
Yessssss. I fucking wish it had come from inside but I'll take it.
Half expecting a nutso religious schism out of this whole thing.
posted by fleacircus at 10:27 AM on November 13, 2014
Half expecting a nutso religious schism out of this whole thing.
posted by fleacircus at 10:27 AM on November 13, 2014
A while back I heard an interview with, I guess it must have been, Ginsburg talking about the supreme court speeding along civil rights reforms like this by not making broad decisions. The thinking was that a broad decision early would create a strong backlash and years of legal morass with states passing counter-laws and stuff like that, which would be counter-productive when society would simply move in that direction on its own in the same amount of time.
I don't know if it really works that way, but it makes some sense to me.
posted by cmoj at 10:31 AM on November 13, 2014 [1 favorite]
I don't know if it really works that way, but it makes some sense to me.
posted by cmoj at 10:31 AM on November 13, 2014 [1 favorite]
Oh, hey. Freedom to Marry has Kansas colored in now.
We live in really weird times.
posted by joycehealy at 11:58 AM on November 13, 2014 [1 favorite]
We live in really weird times.
posted by joycehealy at 11:58 AM on November 13, 2014 [1 favorite]
7-2
My jaw actually dropped when I read that.
posted by feckless fecal fear mongering at 3:19 PM on November 13, 2014 [3 favorites]
My jaw actually dropped when I read that.
posted by feckless fecal fear mongering at 3:19 PM on November 13, 2014 [3 favorites]
The thinking was that a broad decision early would create a strong backlash and years of legal morass with states passing counter-laws and stuff like that
There's strong precedent there in the various bills that say "we're not banning abortion, we're just ensuring that all abortion clinics are made out of diamonds and have at least one unicorn with an M.D. on duty" all of which seem to impress Justice Kennedy who believes that ladies lack agency and need the assistance of Dr Unicorn in their healthcare decisions.
Also, state legislatures are populated by idiots who vote for whatever model legislation gets faxed to them from the lavish office of America's Families For None Of Teh Ghey.
posted by holgate at 9:53 PM on November 13, 2014 [4 favorites]
There's strong precedent there in the various bills that say "we're not banning abortion, we're just ensuring that all abortion clinics are made out of diamonds and have at least one unicorn with an M.D. on duty" all of which seem to impress Justice Kennedy who believes that ladies lack agency and need the assistance of Dr Unicorn in their healthcare decisions.
Also, state legislatures are populated by idiots who vote for whatever model legislation gets faxed to them from the lavish office of America's Families For None Of Teh Ghey.
posted by holgate at 9:53 PM on November 13, 2014 [4 favorites]
A lovely couple got married on the county courthouse lawn in my hometown of Manhattan Kansas yesterday. I watched the video (Facebook, but public) posted by the local human rights organization and cried like a baby. However it comes about, seeing love win in the place your heart calls home feels damn good.
posted by donnagirl at 6:44 PM on November 14, 2014 [1 favorite]
posted by donnagirl at 6:44 PM on November 14, 2014 [1 favorite]
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