Connect with us

Long View: Why SCOTUS’ Same-Sex Marriage Decision Was Only Proper Option

Published

on

No matter which side of the issue you’re on, the Supreme Court’s decision to reject the seven same-sex cases that had been submitted to the court was the only proper option.

Under normal circumstances, the loser of a case at the state level might appeal that ruling to the appellate level, as happened when Utah’s Judge Shelby ruled Utah’s ban on same-sex marriages were unconstitutional and the state appealed to the 10th Circuit Court. If the circuit court takes the case and rules the same way, the loser has the option to appeal the case again to the U.S. Supreme Court—again, as happened in the case over Utah’s Amendment 3. The Supreme Court then decides whether or not to take the case and either uphold or override the lower courts’ rulings.

But in the same-sex marriage cases, things worked different. It wasn’t just the Utah case the Supreme Court was looking at, it was seven different cases from states around the country. And in each of those cases, the appellate courts overseeing them all ruled that denying same-sex couples their right to get married is unconstitutional.

Seven identical rulings. That’s an unusually huge (and historic) body of rulings for the Supreme Court to be presented with.

Could SCOTUS have taken up the case? Yes. But because the high court oversees the entire country, their rulings have much wider impacts than do state or appellate courts. If SCOTUS had upheld the lower courts’ rulings, it would have automatically legalized same-sex marriages nationwide. Same thing if they had overturned the lower courts, it would have effectively banned same-sex marriage in all states that haven’t legalized same-sex marriage through their legislatures.

Until an appellate court rules in favor of a ban on same-sex marriage (if that ever happens), the Supreme Court has no motivation to take up the case. It’s all about the process, and we have no doubt that the Justices will allow the remaining cases (there’s at least one in every single state that still has a ban in place) to move through the system at their own pace, allowing each judge to make their own decision.

So while some on both sides of the issue may be lamenting the court’s decision not to act, there really was no other proper option.

Marriage equality should be legal, period. And I’m sure I would be making a different argument if there weren’t a case pending in every non-marriage equality state. But with all those cases going, this way may take a bit longer but it makes it a virtual impossibility that it will ever be reversed.

 

Image by Stephen Luke via Flickr 

 

Follow me on Twitter @EricEthington

Eric Ethington has been specializing in political messaging, communications strategy, and public relations for more than a decade. Originally hailing from Salt Lake City, he now works in Boston for a social justice think tank. Eric’s writing, advocacy work, and research have been featured on MSNBC, CNN, Fox News, CNBC, the New York Times, The Telegraph, and The Public Eye magazine. He’s worked as a radio host, pundit, blogger, activist and electoral campaign strategist. He also writes at NuanceStillMatters.com

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Will Trump Testify at Trial? ‘Absolutely’ Is Now a ‘No Decision’ Yet

Published

on

The State of New York’s prosecution of Donald Trump is nearing it end, as Judge Juan Merchan announced late Thursday afternoon final arguments could begin on Tuesday. But one question remains: Will the ex-president who is facing 34 felony charges in the election interference, falsification of business records, and hush money cover-up case, testify in his defense?

Just over one month ago Trump was asked that question. He quickly responded, “Yeah I would testify, absolutely.”

Trump appeared resolved.

READ MORE: Ex-Florida GOP Chair’s Efforts to Recruit 3-Way Partners for Anti-LGBTQ Wife Revealed: Report

“I’m testifying. I tell the truth. I mean, all I can do is tell the truth. And the truth is that there is no case,” he said, as NBC News reported.

NBC added last week that Trump “told Newsmax two weeks ago that he would testify ‘if necessary,’ and on Tuesday he said in an interview with Spectrum News 1 Wisconsin that he would ‘probably’ take the stand, adding that he ‘would like to.'”

But when Judge Merchan asked Todd Blanche, Trump’s attorney, on Thursday, the answer was very different.

“That’s another decision that we need to think through,” he said, according to the Associated Press.

But Politico’s Erica Orden reported, “Blanche says Trump hasn’t made a final decision about whether to testify.”

Last week, as the question of Trump’s testifying loomed large, U.S. Rep. Eric Swalwell (D-CA) insisted he would not.

“It’s over. Donald Trump has a right to not testify. Yet he PROMISED he would. Now it’s clear he won’t. The jury can’t consider this. But you can. He is chickenshit and you should conclude he’s guilty as hell.”

On Wednesday, attorney George Conway addressed the topic, saying, “If he doesn’t testify, it’s because he’s scared.”

He also said, “in a million years, I would never tell him to testify. I would tell him not to testify.”

Watch the video above or at this link.

READ MORE: Trump Wails His Judge Was Appointed by ‘Democrat Politicians’ – That’s False

 

Continue Reading

News

Ex-Florida GOP Chair’s Efforts to Recruit 3-Way Partners for Anti-LGBTQ Wife Revealed: Report

Published

on

A stunning police report reveals how Christian Ziegler, the now-ousted Florida Republican Party chair, would head out to bars to scope out and recruit women as possible three-way sex partners for himself and his stridently anti-LGBTQ wife, Moms for Liberty co-founder Bridget Ziegler.

The disgraced Florida power couple’s ménage à trois sex scandal made national headlines after an accusation of rape against Christian Ziegler came from one of their three-way sexual partners, an allegation he denied. After an investigation no charges were filed.

Christian Ziegler lost his high-paying job as the Florida GOP chairman, but his wife Bridget has refused to resign from her elected position on a school board, as well as from her position on the state board that now oversees the Walt Disney World special district. Bridget Ziegler, who is seen as an architect of Governor Ron DeSantis’ “Don’t Say Gay” law, reportedly is best friends with Florida First Lady Casey DeSantis, and was appointed to the special district role by the Florida GOP governor.

The Sarasota Police Dept. report, according to the Florida Trident, “recounts how Christian Ziegler went ‘on the prowl’ in bars for women to bring home to Bridget, a Sarasota County School Board member who has backed a number of anti-LGBTQ measures at both the state and local level, for threesome encounters. While at the bars, Christian would surreptitiously photograph prospective women and text the photos to Bridget for approval, according to the report.”

READ MORE: ‘Mouths of Sauron’: Critics Blast ‘Mobster Tactic’ of Trump Surrogates ‘Violating’ Gag Order

Some of the details are salacious.

“There were numerous text messages between Bridget and Christian where they are on the prowl for a female and Bridget is directing him to numerous different bars in search of a female that they are both interested in,” the report reads, according to The Trident. “During these conversations Christian is secretly taking photographs of women in the bars and sending them to Bridget asking her if she wants this one or that one. Bridget is telling him to pretend to take pictures of his beer, so they don’t see him taking pictures of them. She tells him ‘Don’t come home until your dick is wet.’”

The Zieglers are in court trying to block the release of the text messages and other media, alleging in a lawsuit against the Sarasota Police Dept. and the State Attorney’s Office that “release of those records would cause ‘great humiliation and harm to their individual reputations’ if released and therefore should be destroyed.”

“The suit specifically addresses the contents of Christian Ziegler’s cell phone, his social media accounts, web browsing history, and the video he made of the sexual encounter with the alleged rape victim,” the Trident reports.

Meanwhile, despite her own actions and after months of laying low, Bridget Ziegler is back on her anti-LGBTQ crusade.

“At last week’s school board meeting, Ziegler introduced a highly contentious resolution to ignore protections for LGBTQ students afforded by a new federal Title IX rule,” the Trident also reports. “The resolution, which followed a DeSantis legal challenge to Title IX at the state level, claims the new rule would cause ‘disastrous impacts to girls and women’s safety in restrooms, locker rooms, and sports.’ It passed by a 4-1 vote despite the fact it could lead to a federal investigation, expensive litigation, and the loss to the school district of roughly $50 million in federal funds.”

READ MORE: Trump Appears to Violate Gag Order After Judge Threatened ‘Incarceration’

 

Continue Reading

News

Trump Appears to Violate Gag Order After Judge Threatened ‘Incarceration’

Published

on

Despite New York Supreme Court Justice Juan Merchan explicitly warning Donald Trump last week that any future violations of his gag order could result in jail time, the ex-president appears to have done so directly on Thursday.

“A lead person from the DOJ is running the trial,” Trump claimed, obviously referring to prosecutor Matthew Colangelo, as Law & Crime reports.

“So Biden’s office is running this trial. This trial is a scam and it’s a sham and it shouldn’t happen,” Trump told reporters outside the courtroom.

Judge Merchan’s gag order specifically prohibits trump from attacking anyone in District Attorney Alvin Bragg’s office, except for the D.A. himself.

“Colangelo, a lead prosecutor in the case, was criticized one day earlier by Trump ally Rep. Jim Jordan, R-Ohio, largely raising the same complaints that Trump repeated outside of court,” Law & Crime noted.

READ MORE: ‘Ready to Start Another Insurrection’: Gaetz Support for Trump Echoes Proud Boys Order

The gag order explicitly states Trump is “directed to refrain from”:

“Making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding; Making or directing others to make public statements” about attorneys “in the case other than the District Attorney,” “members of the court’s staff and the District Attorney’s staff, or the family members of any counsel or staff member” or “any prospective juror or any juror in this criminal proceeding.”

Ten days ago Merchan wrote in his order: “Defendant is hereby put on notice that if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration.”

Watch below or at this link.

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.