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UPDATED: Supreme Court Rules Same-Sex Marriage To Be Law Of The Land Nationwide In Historic Ruling

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In a 5-4 ruling, the U.S. Supreme Court has just handed down one of the most consequential civil rights decisions in its history.

Same-sex couples have the constitutional right to marry, and states cannot take that right away from them, says the U.S. Supreme Court in a 5-4 ruling handed down moments ago. The decision requires all 50 states and all U.S. territories to recognize all legally-performed marriages from all jurisdictions, and to extend marriage to same-sex couples. In short, the court’s decision requires all states to treat marriages of same-sex couples exactly as they treat marriages of different-sex couples.

The United States now becomes one of about 21 countries that have extended marriage to same-sex couples.

Justice Anthony Kennedy wrote the majority opinion. The Chief Justice, John Roberts, along with Justices Alito, Thomas, and Scalia dissented. 

The case, Obergefell v. Hodges, was filed by Jim Obergefell, a man whose legally-married husband died. Obergelfell sued to have his name placed on his husband’s death certificate.

READ: Here’s The Full Supreme Court Decision Finding Same-Sex Couples Have The Right To Marry

The Court heard four same-sex marriage cases in April, all from the 6th Circuit Court of appeals, the only appellate court that ruled states may practice marriage discrimination against same-sex couples. That decision was in Michigan’s DeBoer v. Snyder, a case filed by two women, both pediatric emergency room nurses, who have adopted four special needs children and wanted to marry so they could jointly adopt each child. 

On April 28, the Supreme Court heard oral arguments in cases from each of the four states that comprise the 6th Circuit: Kentucky, Michigan, Ohio, and Tennessee. It had challenged plaintiffs and defendants to answer two questions:

Question 1: Must states allow same-sex couples to marry under the United States Constitution? 
Question 2: Must states recognize the legal marriages entered by same-sex couples in other jurisdictions?

The Court this morning answered yes to both.

UPDATE – Watch: Obama Speaks On Marriage Win – ‘A Victory For America’ (Full Video And Text)

Today’s historic ruling may well be one of the most important civil rights rulings since 1967’s Loving v. Virginia, in which the Supreme Court struck down banning interracial marriage, and paved the way for today’s decision by stating marriage is a civil right.

Along the way, in 2003, the Supreme Court in Lawrence v. Texas ruled all bans on sodomy were unconstitutional and that criminalizing same-sex relationships is a violation of privacy rights.

In 2013’s U.S. v. Windsor, the Court struck down Section 3 of DOMA, the Defense of Marriage Act of 1996 that banned the federal government from recognizing same-sex marriages, in a historic case brought by Edie Windsor of New York. Windsor had married her partner of four decades, Thea Spyer, in Canada shortly before Spyer’s death. The IRS demanded she pay $363,000 in inheritance taxes that she would not have had to incur had she been married to a man.

Since the DOMA decision two years ago, state marriage bans have fallen at historic speed, and the support for same-sex marriage has escalated faster than any other social issue. Today, polls find that up to 60 percent of Americans support the right of same-sex couples to marry, and the majority of Americans also wanted the Supreme Court to decide in favor of a national, 50-state right to marry.

UPDATE: Tweets Of The Day: President Obama And A Gazillion Democrats Celebrate Supreme Court Marriage Win

Before today’s ruling, same-sex marriage was legal in 37 states and one U.S. territory. Of the remaining 13 states, bans remained in place in the four states of the 6th Circuit. In the remaining nine states, rulings or decisions were placed on hold in deference to the impending Supreme court ruling.

There will assuredly be a backlash, as the religious right has promised. The Southern Baptist Convention, which boasts 16 million members, has vowed to defy the ruling. At least two current Republican presidential candidates, Mike Huckabee and Rick Santorum, have signed a pledge to defy today’s ruling. Every Republican likely and declared GOP presidential candidate is formally opposed to same-sex marriage. Some high-ranking state officials, like Alabama Chief Justice Roy Moore, have suggested they will not follow today’s ruling.

While today’s historic ruling advances civil right for LGBT Americans, this is far from the completion of the fight for equality. As more and more same-sex couples marry, they can still be fired in the majority of states for being gay. Just yesterday President Barack Obama again called on Congress to pass ENDA to protect LGBT employees.

UPDATE: WATCH: Pres. Obama Calls Marriage Lead Plaintiff Jim Obergefell – ‘We’re Really Proud Of You’

 

This is a breaking news and developing story and has been updated.
Stay with The New Civil Rights Movement all day for reports, reactions, and other important marriage news.

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Image by Meghan Hess via Flickr and a CC license

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CNN Smacks Down Trump Rant Courthouse So ‘Heavily Guarded’ MAGA Cannot Attend His Trial

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Donald Trump’s Friday morning claim Manhattan’s Criminal Courts Building is “heavily guarded” so his supporters cannot attend his trial was torched by a top CNN anchor. The ex-president, facing 34 felony charges in New York, had been urging his followers to show up and protest on the courthouse steps, but few have.

“I’m at the heavily guarded Courthouse. Security is that of Fort Knox, all so that MAGA will not be able to attend this trial, presided over by a highly conflicted pawn of the Democrat Party. It is a sight to behold! Getting ready to do my Courthouse presser. Two minutes!” Trump wrote Friday morning on his Truth Social account.

CNN’s Kaitlan Collins supplied a different view.

“Again, the courthouse is open the public. The park outside, where a handful of his supporters have gathered on trials days, is easily accessible,” she wrote minutes after his post.

READ MORE: ‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’

Trump has tried to rile up his followers to come out and make a strong showing.

On Monday Trump urged his supporters to “rally behind MAGA” and “go out and peacefully protest” at courthouses across the country, while complaining that “people who truly LOVE our Country, and want to MAKE AMERICA GREAT AGAIN, are not allowed to ‘Peacefully Protest,’ and are rudely and systematically shut down and ushered off to far away ‘holding areas,’ essentially denying them their Constitutional Rights.”

On Wednesday Trump claimed, “The Courthouse area in Lower Manhattan is in a COMPLETE LOCKDOWN mode, not for reasons of safety, but because they don’t want any of the thousands of MAGA supporters to be present. If they did the same thing at Columbia, and other locations, there would be no problem with the protesters!”

After detailing several of his false claims about security measures prohibiting his followers from being able to show their support and protest, CNN published a fact-check on Wednesday:

“Trump’s claims are all false. The police have not turned away ‘thousands of people’ from the courthouse during his trial; only a handful of Trump supporters have shown up to demonstrate near the building,” CNN reported.

“And while there are various security measures in place in the area, including some street closures enforced by police officers and barricades, it’s not true that ‘for blocks you can’t get near this courthouse.’ In reality, the designated protest zone for the trial is at a park directly across the street from the courthouse – and, in addition, people are permitted to drive right up to the front of the courthouse and walk into the building, which remains open to the public. If people show up early enough in the morning, they can even get into the trial courtroom itself or the overflow room that shows near-live video of the proceedings.”

READ MORE: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

 

 

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‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’

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Democratic U.S. Rep. Alexandria Ocasio-Cortez is responding to Thursday’s U.S. Supreme Court hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was a U.S. president, and she delivered a strong warning in response.

Trump’s attorney argued before the nation’s highest court that the ex-president could have ordered the assassination of a political rival and not face criminal prosecution unless he was first impeached by the House of Representatives and then convicted by the Senate.

But even then, Trump attorney John Sauer argued, if assassinating his political rival were done as an “official act,” he would be automatically immune from all prosecution.

Justice Sonia Sotomayor, presenting the hypothetical, expressed, “there are some things that are so fundamentally evil that they have to be protected against.”

RELATED: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

“If the president decides that his rival is a corrupt person, and he orders the military, or orders someone to assassinate him, is that within his official acts for which he can get immunity?” she asked.

“It would depend on the hypothetical, but we can see that could well be an official act,” Trump attorney Sauer quickly replied.

Sauer later claimed that if a president ordered the U.S. military to wage a coup, he could also be immune from prosecution, again, if it were an “official act.”

The Atlantic’s Tom Nichols, a retired U.S. Naval War College professor and an expert on Russia, nuclear weapons, and national security affairs, was quick to poke a large hole in that hypothetical.

“If the president suspends the Senate, you can’t prosecute him because it’s not an official act until the Senate impeaches …. Uh oh,” he declared.

RELATED: Justices Slam Trump Lawyer: ‘Why Is It the President Would Not Be Required to Follow the Law?’

U.S. Rep. Alexandria Ocasio-Cortez blasted the Trump team.

“The assassination of political rivals as an official act,” the New York Democrat wrote.

“Understand what the Trump team is arguing for here. Take it seriously and at face value,” she said, issuing a warning: “This is not a game.”

Marc Elias, who has been an attorney to top Democrats and the Democratic National Committee, remarked, “I am in shock that a lawyer stood in the U.S Supreme Court and said that a president could assassinate his political opponent and it would be immune as ‘an official act.’ I am in despair that several Justices seemed to think this answer made perfect sense.”

CNN legal analyst Norm Eisen, a former U.S. Ambassador and White House Special Counsel for Ethics and Government Reform under President Barack Obama, boiled it down: “Trump is seeking dictatorial powers.”

Watch the video above or at this link.

READ MORE: ‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

 

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Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

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Legal experts appeared somewhat pleased during the first half of the Supreme Court’s historic hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was the President of the United States, as the justice appeared unwilling to accept that claim, but were stunned later when the right-wing justices questioned the U.S. Dept. of Justice’s attorney. Many experts are suggesting the ex-president may have won at least a part of the day, and some are expressing concern about the future of American democracy.

“Former President Trump seems likely to win at least a partial victory from the Supreme Court in his effort to avoid prosecution for his role in Jan. 6,” Axios reports. “A definitive ruling against Trump — a clear rejection of his theory of immunity that would allow his Jan. 6 trial to promptly resume — seemed to be the least likely outcome.”

The most likely outcome “might be for the high court to punt, perhaps kicking the case back to lower courts for more nuanced hearings. That would still be a victory for Trump, who has sought first and foremost to delay a trial in the Jan. 6 case until after Inauguration Day in 2025.”

Slate’s Mark Joseph Stern, who covers the courts and the law, noted: “This did NOT go very well [for Special Counsel] Jack Smith’s team. Thomas, Alito, and Kavanaugh think Trump’s Jan. 6 prosecution is unconstitutional. Maybe Gorsuch too. Roberts is skeptical of the charges. Barrett is more amenable to Smith but still wants some immunity.”

READ MORE: ‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act

Civil rights attorney and Tufts University professor Matthew Segal, responding to Stern’s remarks, commented: “If this is true, and if Trump becomes president again, there is likely no limit to the harm he’d be willing to cause — to the country, and to specific individuals — under the aegis of this immunity.”

Noted foreign policy, national security and political affairs analyst and commentator David Rothkopf observed: “Feels like the court is leaning toward creating new immunity protections for a president. It’s amazing. We’re watching the Constitution be rewritten in front of our eyes in real time.”

“Frog in boiling water alert,” warned Ian Bassin, a former Associate White House Counsel under President Barack Obama. “Who could have imagined 8 years ago that in the Trump era the Supreme Court would be considering whether a president should be above the law for assassinating opponents or ordering a military coup and that *at least* four justices might agree.”

NYU professor of law Melissa Murray responded to Bassin: “We are normalizing authoritarianism.”

Trump’s attorney, John Sauer, argued before the Supreme Court justices that if Trump had a political rival assassinated, he could only be prosecuted if he had first been impeach by the U.S. House of Representatives then convicted by the U.S. Senate.

During oral arguments Thursday, MSNBC host Chris Hayes commented on social media, “Something that drives me a little insane, I’ll admit, is that Trump’s OWN LAWYERS at his impeachment told the Senators to vote not to convict him BECAUSE he could be prosecuted if it came to that. Now they’re arguing that the only way he could be prosecuted is if they convicted.”

READ MORE: Biden Campaign Hammers Trump Over Infamous COVID Comment

Attorney and former FBI agent Asha Rangappa warned, “It’s worth highlighting that Trump’s lawyers are setting up another argument for a second Trump presidency: Criminal laws don’t apply to the President unless they specifically say so…this lays the groundwork for saying (in the future) he can’t be impeached for conduct he can’t be prosecuted for.”

But NYU and Harvard professor of law Ryan Goodman shared a different perspective.

“Due to Trump attorney’s concessions in Supreme Court oral argument, there’s now a very clear path for DOJ’s case to go forward. It’d be a travesty for Justices to delay matters further. Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.”

NYU professor of history Ruth Ben-Ghiat, an expert scholar on authoritarians, fascism, and democracy concluded, “Folks, whatever the Court does, having this case heard and the idea of having immunity for a military coup taken seriously by being debated is a big victory in the information war that MAGA and allies wage alongside legal battles. Authoritarians specialize in normalizing extreme ideas and and involves giving them a respected platform.”

The Nation’s justice correspondent Elie Mystal offered up a prediction: “Court doesn’t come back till May 9th which will be a decision day. But I think they won’t decide *this* case until July 3rd for max delay. And that decision will be 5-4 to remand the case back to DC, for additional delay.”

Watch the video above or at this link.

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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