Connect with us

Did Marriage Win In Today’s Supreme Court Arguments?

Published

on

The arguments have been made and heard and the analysis is flooding in. So, does marriage win the day at the Supreme Court?

After a good two-and-a-half-hours of oral arguments at the Supreme Court in Obergefell vs. Hodges today, everyone is willing to weigh in on the fate of same-sex marriage.

Will marriage equality be the law of the land?

It depends on whom you’re asking.

The National Organization For Marriage, which has lost (to our knowledge) every court case and practically every legal proceeding it has fought over the past few years, arrogantly issued a press release: “NOM Encouraged by Supreme Court Arguments; Demands That Justices Uphold Marriage As One Man, One Woman.” 

That was followed up by NOM’s president Brian Brown writing a blog post focused on the word “millennia.” That word was used, falsely, by a few of the justices, including Anthony Kennedy, as in, marriage has been one man one woman for millennia – which is false.

LOOK: Scalia Insists Pastors Will Be Forced To Marry Gay Couples If Supreme Court Rules For Equality

SCOTUSblog, the preeminent authority on all things related to the Supreme Court had a different take.

“No clear answers,” writes Amy Howe. “It could turn out to be a nailbiter.”

“Significantly, Justice Anthony Kennedy at times also seemed dubious of the states’ argument,” Howe observed. “Even if same-sex couples can’t have biological children together, he posited, they might still want the other benefits that come with marriage.”

And she suggests we might see “a compromise, in which the Court rules that there is no right to same-sex marriage but still gives the plaintiffs much of what they are seeking by requiring states to recognize same-sex marriages that happen somewhere else.”

But one of the top LGBT legal analysts, journalist and attorney Chris Geidner at Buzzfeed believes same-sex couples will win, probably 5-4, or possibly 6-3.

LOOK: Justice Alito’s Gay Marriage Questions: Could It Legalize Polygamy, Did Ancient Greeks Allow It?

The New York Times reports the justices “seemed deeply divided,” and notes that Justice Kennedy, likely the deciding vote, “seemed torn about what to do.”

The Wall Street Journal characterized the justices as “divided and cautious.”

CNN reported the justices “appeared divided” and “skeptical.”

Elsewhere, David Kurtz at Talking Points Memo writes the court is “closely divided,” and the Washington Post said the court “appears split.”

Bottom line: it’s going to be a long wait until the end of June.

 

Related:

Listen Now: Supreme Court Same-Sex Marriage Oral Arguments – Part I

Listen Now: Supreme Court Same-Sex Marriage Oral Arguments – Part II

These Five Lawyers Hold The Fate Of Marriage In Their Hands

This Is It: The Supreme Court Today Will Hear Arguments To Make ‘Gay Marriage’ Marriage

 

 

Image by dale baich via Twitter

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

Dem Wants Probe Into Allegations of Congress Members Drinking During Contempt Hearing

Published

on

House Oversight Republicans held a contempt of Congress hearing for Attorney General Merrick Garland while lawmakers allegedly were drinking alcohol and acting “pretty ugly” during Thursday night’s proceedings. Now, they are the ones accused of behavior “embarrassing to our institution” by Ranking Member Jamie Raskin (D-MD), who wants an investigation.

“Members of the panel ultimately advanced a contempt of Congress resolution against Attorney General Merrick Garland on a party-line vote, but the far more striking takeaway was the personal attacks and theatrics lobbed between lawmakers in both parties — as Chair James Comer (R-Ky.) struggled unsuccessfully to gain control for more than an hour,” Politico reported Friday, adding: “both Republicans and Democrats acknowledged some members had been drinking that evening.”

Who was drinking remains a secret.

“A House Republican described the hearing as ’embarrassing’ and ‘a four -alarm dumpster fire,'” Axios reported. “The session quickly devolved into chaos, with Democrats blasting the GOP for postponing the hearing so several members could visit former President Trump’s trial and Republicans heckling them in response.”

One Democrat during the hearing spoke up.

READ MORE: Why Alito’s ‘Stop the Steal’ Flag Story Just Fell Apart

Ranking Member Raskin “said it was ’embarrassing to our institution’ and that he ‘constantly’ instructs his members to maintain a ‘high level of dignity and respect and decorum.'”

“We have some members in the room who are drinking inside the hearing room … who are not on this committee,” alleged Rep. Melanie Stansbury (D-NM).

The Hill adds that Congressman Raskin said, “I didn’t see the drinking,” and that “the gentlelady from New Mexico, Melanie Stansbury raised it, she said there are members drinking in the room, and that’s something that is worth investigating if there was in fact drinking taking place.”

One unnamed House Republican told Axios, “This place is so stupid.”

The evening’s events quickly took a bad turn when U.S. Rep. Marjorie Taylor Greene (R-GA), violating decorum, interrupted Ranking Member Raskin barely 30 seconds into his remarks.

Watch below or at this link.

READ MORE: ‘Partisan Insurrectionist’: Calls Mount for Alito’s Ouster After ‘Stop the Steal’ Scandal

Continue Reading

OPINION

Why Alito’s ‘Stop the Steal’ Flag Story Just Fell Apart

Published

on

Justice Samuel Alito’s defense for why there was a “Stop the Steal” flag flying at his Alexandria, Virginia home three days before Joe Biden’s inauguration, ten days after the January 6, 2021 insurrection, just fell apart.

The entire justification for a sitting U.S. Supreme Court justice with lifetime tenure who refuses to recuse himself from cases including ones related to the 2020 election, which ethics experts and U.S. Senators say he is obligated to do so, is a dispute with a neighbor, according to The New York Times‘ original reporting, and a Fox News reporter.

Critics say his defense doesn’t justify flying a U.S. flag upside down, a symbol of the Stop the Steal movement used by insurrectionists.

In brief, Fox News’ Shannon Bream reports Justice Alito “told me a neighbor on their street had a ‘F— Trump’ sign that was within 50 feet of where children await the school bus in Jan 21. Mrs. Alito brought this up with the neighbor.”

“According to Justice Alito, things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks,” Bream wrote. She added Alito “says he and his wife were walking in the neighborhood and there were words between Mrs. Alito and a male at the home with the sign. Alito says the man engaged in vulgar language, ‘including the c-word’,” which prompted Mrs. Alito to hang the American flag upside down as the insurrections did on January 6.

RELATED: ‘Partisan Insurrectionist’: Calls Mount for Alito’s Ouster After ‘Stop the Steal’ Scandal

Court watchers and critics have called into question Alito’s judgment. Senate Democratic Judiciary Chairman Dick Durban has called for the Justice to recuse himself from all cases related to the 2020 presidential election, NBC News is reporting.

Critics are asking if Justice and/or Mrs. Alito’s response to an alleged dispute with neighbors was appropriate, but now Justice Alito’s telling of events is being called into question entirely.

Aaron Fritschner, Deputy Chief of Staff for U.S. Rep. Don Beyer (D-VA), says no school children would have been waiting for school buses at the time the Alito’s flag was photographed upside down, because schools had moved to virtual learning during the COVID pandemic at that time in the area the Alitos reside.

Further calling into question Justice Alito’s claims, CNN’s Holmes Lybrand, a former fact-checker for The Weekly Standard, reports none of the Alitos’ neighbors remember the alleged dispute the justice recounted.

“I spoke with some of Justice Alito’s neighbors who said they remember the American flag being flown upside-down at his home but didn’t recall any neighborhood drama surrounding it,” Lyband reports. “Each neighbor I spoke with reiterated multiple times how kind and well-liked the Alitos are.”

In its report that broke the story, The New York Times noted, “The half-dozen neighbors who saw the flag, or knew of it, requested anonymity because they said they did not want to add to the contentiousness on the block and feared reprisal.”

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

 

Continue Reading

OPINION

Alito Tells Fox News Story Behind His Home’s ‘Stop the Steal’ Flag but Critics Unconvinced

Published

on

Editor’s note: The spelling of Fox News host Shannon Bream’s last name has been corrected.

Justice Samuel Alito on Friday appeared to compound concerns over the bombshell New York Times report revealing a flag associated with the January 6 insurrection and the “Stop the Steal” movement was flying at his house just before Joe Biden was inaugurated and while the Supreme Court was reviewing a 2020 election case.

Alito, whose far-right positions including writing the majority opinion in the Supreme Court case overturning Roe v. Wade, have infuriated and frustrated the left, once again has found himself the subject of apprehension over his impartiality and grasp of ethical norms.

In a rare move, the embattled justice, who now faces strong calls for his ouster, spoke immediately to the news media to address those issues, and revealed the story behind the decision to fly the “Stop the Steal” flag at his home.

Confirming again it was his wife who put the flag up, Alito seemed neither remorseful nor cognizant of the great ethical and credibility violation that act represented.

RELATED: ‘Partisan Insurrectionist’: Calls Mount for Alito’s Ouster After ‘Stop the Steal’ Scandal

“I spoke directly with Justice #Alito about the flag story in the NYT,” Fox News host Shannon Bream reported late Friday morning via social media. “In addition to what’s in the story, he told me a neighbor on their street had a ‘F— Trump’ sign that was within 50 feet of where children await the school bus in Jan 21. Mrs. Alito brought this up with the neighbor.”

“According to Justice Alito, things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks,” Bream continued.

“Justice Alito says he and his wife were walking in the neighborhood and there were words between Mrs. Alito and a male at the home with the sign. Alito says the man engaged in vulgar language, ‘including the c-word’,” she wrote. “Following that exchange, Mrs. Alito was distraught and hung the flag upside down ‘for a short time’. Justice Alito says some neighbors on his street are ‘very political’ and acknowledges it was a very heated time in January 2021.”

The Bulwark’s Bill Kristol chastised Bream, noting she got Alito’s side of the story without “trying to see how it compares with the accounts and recollections of others involved. If only the anchor had the resources of a ‘news’ channel to seek out the truth!”

Some critics responding to Bream’s report say Alito’s explanation doesn’t make their perception of his actions — or his wife’s – any more reasonable.

Former George W. Bush administration official Christian Vanderbrouk commented, “Sam Alito is unapologetic for desecrating an American symbol as part of a neighborhood feud.”

READ MORE: Why Are One in Five GOP Voters Still Voting for Nikki Haley Over Donald Trump?

“Interesting claims by Alito,” attorney Robert J. DeNault remarked. “Not sure it’s reasonable to think any person would react to a neighbor disagreeing — even crassly or rudely — over Trump by hanging an American flag upside down. Does not feel credible to contend Alito’s upside flag was divorced from MAGA symbolism.”

“Alito speaks to Fox about New York Times report, continues to attribute it to his wife, but does not explain why his wife’s reaction to a ‘fuck Trump’ sign and being insulted was to hang an American flag upside down in the days after Jan. 6.” observed CNN’s Edward-Isaac Dovere. “Suburban neighborhood disputes happen all the time – over lawn care, noisy children, Christmas lights… all sorts of things. Not many instances of an escalated response being a now very politicized symbol of military distress.”

“Friendly reminder the entire GOP and Fox News is screaming on practically a daily basis that Judge Merchan needs to recuse because of the work his adult daughter separately does,” national security attorney Brad Moss offered. “But yeah, this is no biggie.”

READ MORE: ‘Long History of Playing Games’: Biden Campaign Shuts Down Trump’s Tantrum

Continue Reading

Trending

Copyright © 2020 AlterNet Media.