Connect with us

News

‘Ominous Opinion’: Same-Sex Marriage Targeted Again in Latest SCOTUS Ruling, Expert Warns

Published

on

In a 6-3 decision along partisan lines the right-wing justices on the U.S. Supreme Court once again targeted the landmark 2015 Obergefell same-sex marriage decision, leading liberal Justice Sonia Sotomayor to sound “alarm bells” on marriage equality in her dissent a legal expert says, warning that they may try to “roll it back.”

The case involves Sandra Muñoz, a U.S. citizen who argued that the federal government’s denial of a visa for her husband, who lives in El Salvador, deprives her of her constitutionally protected right to liberty.

The right-wing majority in a decision written by Justice Amy Coney Barrett ruled: “A citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country.”

Friday’s ruling “undermines same-sex marriage,” Bloomberg Law reports Justice Sotomayor’s dissent warns.

Slate senior writer Mark Joseph Stern has covered the courts since 2013, and is the author of a 2019 book on the Roberts Supreme Court.

“Justice Sotomayor, in dissent, accuses the conservative supermajority of cutting back the rights guaranteed in Obergefell—the same-sex marriage decision—and of repeating ‘the same fatal error’ it made in Dobbs,” Stern writes. “A very ominous opinion.”

READ MORE: ‘Desperately Needed’: Trump Wants ‘Revival’ of Religion and Ten Commandments in Classrooms

The “fatal error” in Dobbs was ignoring precedent.

“Justice Sotomayor says the burden of today’s decision will ‘fall most heavily’ on same-sex couples, many of whom cannot safely reside in the non-citizen’s home country,” Stern adds. “Her dissent is littered with alarm bells about Obergefell.”

He points to this from Sotomayor’s dissent, a citation from the Obergefell decision:

“A traveler to the United States two centuries ago reported that ‘‘[t]here is certainly no country in the world where the tie of marriage is so much respected as in America.’ ‘ ”

“Today,” Sotomayor continued, “the majority fails to live up to that centuries-old promise. Muñoz may be able to live with her husband in El Salvador, but it will mean raising her U. S.-citizen child outside the United States. Others will be less fortunate. The burden will fall most heavily on same-sex couples and others who lack the ability, for legal or financial reasons, to make a home in the noncitizen spouse’s country of origin.”

Again quoting Obergefell, she adds, “For those couples, this Court’s vision of marriage as the ‘assurance that while both still live there will be someone to care for the other’ rings hollow.”

Stern warns: “I think Justice Sotomayor is clearly correct that the Supreme Court’s gratuitous attack on the constitutional rights of married couples in Muñoz—especially same-sex couples—suggests that the conservative justices hate Obergefell and may roll it back.”

Sotomayor began her dissent also with a quote from Obergefell: “The right to marry is fundamental as a matter of history and tradition.”

READ MORE: ‘Fact Checking His Delusions’: Trump’s Falsehoods May Not Be Lies Anymore, Critics Warn

She warns that the right-wing majority could have appropriately issued a narrow ruling but instead chose to hand down a broad decision:

“The majority could have resolved this case on narrow grounds under longstanding precedent,” she writes. “Instead, the majority today chooses a broad holding on marriage over a narrow one on procedure.”

Justice Sotomayor again points to same-sex marriage:

“Muñoz may be able to live in El Salvador alongside her husband or at least visit him there, but not everyone is sovereign lucky. The majority’s holding will also extend to those couples who, like the Lovings and the Obergefells, depend on American law for their marriages’ validity. Same-sex couples may be forced to relocate to countries that do not recognize same-sex marriage, or even those that criminalize homosexuality.”

She also noted, “The constitutional right to marriage has deep roots,” and “The constitutional right to marriage is not so flimsy,” while warning “the majority departs from longstanding precedent and gravely undervalues the right to marriage in the immigration context.”

Two years ago almost to the day, when the Supreme Court handed down the Dobbs decision overturning Roe v Wade and stripping away the constitutional right to abortion, Stern warned the Court, especially Justice Thomas, would come for contraception, same-sex intimacy, and same-sex marriage:

Two years before Dobbs, Stern also warned Justice Thomas was targeting same-sex marriage, writing that “Thomas (joined by Alito) wrote a jaw-dropping rant taking direct aim at Obergefell and suggesting that SCOTUS must overturn the right to marriage equality in order to protect free exercise.”

READ MORE: ‘Christian Theocracy’: Ten Commandments Lawmaker Who Can’t ‘Fathom’ Outrage Gets Schooled

Image via Shutterstock

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

‘When She Is Already Governor and Senator?’: Kari Lake Mocked Over Possible Ambassador Nom

Published

on

Failed ultra-MAGA GOP nominee for Arizona governor and U.S. Senator, Kari Lake, is being mocked after a report detailed that she has emerged as a “leading contender” to be President-elect Donald Trump’s nominee for U.S. Ambassador to Mexico.

Semafor published the “scoop” late Monday afternoon, noting also that “Lake has echoed Trump in backing strict limits on immigration. On the campaign trail, Lake described the influx of migrants entering the US as an ‘invasion.’”

“She campaigned on finishing the wall at the US southern border, increasing the number of judges who hear asylum claims, stepping up quick deportations of undocumented immigrants who cross outside official ports of entry and building additional border detention facilities,” Semafor reports.

READ MORE: ‘I Love His Charisma’: Republican Lauds ‘Man of Integrity’ Hegseth Who Will ‘Get Rid of DEI’

Notably, like Trump, she refused to concede her election loss in the 2022 race for Arizona governor.

Mexico is a critical trading partner and the health of the U.S. economy hinges in part on America’s relationship with our neighbor to the south.

In September, the U.S. Dept. of State noted that “Mexico remains one of the United States’ closest and most valued partners, with a 2,000-mile shared border containing 47 active land ports of entry, and a shared history that has established deep cultural and people-to-people ties over 200 years of diplomatic relations. This bilateral relationship directly impacts the lives and livelihoods of millions of Americans on issues as varied as trade and economic development, education exchange, citizen security, drug control, migration, human trafficking, entrepreneurship, innovation, environmental protection, climate change, and public health.”

“Each day, hundreds of thousands of people cross both sides of the border legally to work, live, or visit close relatives and friends. In addition, an estimated 1.6 million U.S. citizens live in Mexico and Mexico is the top foreign destination for U.S. travelers.”

READ MORE: ‘You Have to’: Trump Confirms Plan to Deport US Citizens With Undocumented Parents

If nominated and confirmed, Lake would be responsible for maintaining and, presumably, improving this relationship.

Critics expressed largely negative responses.

Eric Boehm, a reporter at the libertarian magazine Reason commented, “Tell me you’re not serious about negotiating with Mexico over trade or immigration without telling me….”

Bridgeport, Pennsylvania Councilman Tony Heyl sarcastically asked, “How is she going to have time to do this when she is already Governor and Senator from Arizona?”

Another critic, mocking Trump’s 2015 presidential campaign launch speech, wrote: “When America sends its people, they’re not sending their best.”

READ MORE: Butker’s ‘Traditional Values’ PAC Took Retiree Cash, Spent Most on Fundraising: Report

 

 

Image by Gage Skidmore via Flickr and a CC license

Continue Reading

News

‘I Love His Charisma’: Republican Lauds ‘Man of Integrity’ Hegseth Who Will ‘Get Rid of DEI’

Published

on

Republican Senators are starting to circle the wagons around President-elect Donald Trump’s nominee to be Secretary of Defense, former Fox News weekend co-host Pete Hegseth, with one particularly loyal ultra-MAGA lawmaker praising him as a “man of integrity.”

Hegseth has faced criticism for a wide variety of allegations, including tattoos that reflect an affinity for Christian nationalism, alleged “aggressive drunkenness,” possible alcohol intoxication on the job, alleged sexual assault of a woman who attended a Republican conference with her husband and children and says she was trapped by Hegseth in his room, and alleged financial mismanagement of two charities that support veterans.

The alleged sexual assault victim “had texted her husband about her dislike for Hegseth, saying he gave off ‘creeper’ vibes,” USA TODAY reported. “Hotel footage showed them in a verbal altercation at the pool area before she led Hegseth towards his room. She later told police she didn’t know how she ended up in Hegseth’s room, but she remembered he blocked the door and took her phone, she told police. Hegseth told police at the time he was ‘buzzed’ but not drunk, though his lawyer recently claimed he was ‘visibly intoxicated’ and the woman was the ‘the aggressor in the encounter.'”

READ MORE: Jason Miller Tries to Spin Trump

The New Yorker alleged Hegseth that at one of the veterans’ charities, Hegseth “was frequently intoxicated on the job and contributed to a hostile workplace due to sexual misconduct,” USA Today also reported.

“A previously undisclosed whistle-blower report on Hegseth’s tenure as the president of Concerned Veterans for America, from 2013 until 2016, describes him as being repeatedly intoxicated while acting in his official capacity—to the point of needing to be carried out of the organization’s events,” The New Yorker also reported. “The detailed seven-page report—which was compiled by multiple former C.V.A. employees and sent to the organization’s senior management in February, 2015—states that, at one point, Hegseth had to be restrained while drunk from joining the dancers on the stage of a Louisiana strip club, where he had brought his team.”

“The report also says that Hegseth, who was married at the time, and other members of his management team sexually pursued the organization’s female staffers, whom they divided into two groups—the ‘party girls’ and the ‘not party girls.’ In addition, the report asserts that, under Hegseth’s leadership, the organization became a hostile workplace that ignored serious accusations of impropriety, including an allegation made by a female employee that another employee on Hegseth’s staff had attempted to sexually assault her at the Louisiana strip club. In a separate letter of complaint, which was sent to the organization in late 2015, a different former employee described Hegseth being at a bar in the early-morning hours of May 29, 2015, while on an official tour through Cuyahoga Falls, Ohio, drunkenly chanting ‘Kill All Muslims! Kill All Muslims!’ ”

One Republican U.S. Senator, Markwayne Mullin of Oklahoma, on Sunday said he did not see Hegseth’s drinking as a problem.

Monday afternoon, U.S. Senator Roger Marshall (R-KS) declared that Hegseth is a “good man,” and a “man of integrity” who absolutely has his support.

“I think that these anonymous character assassinations by the media are way over-reported,” Marshall insisted.

Fox News host John Roberts interjected, saying, “but some of them weren’t anonymous.”

“Well, the ones that I’ve seen are anonymous,” Marshall claimed, before insisting Hegseth will be a good Secretary of Defense.

“The people elected President Trump for transformational changes,” Marshall claimed. “Pete is gonna get rid of the DEI business going on in the military. He’s going to reward people for their merits that our warfighters out there aren’t afraid who’s standing beside them when the bullets are pouring down.”

READ MORE: ‘You Have to’: Trump Confirms Plan to Deport US Citizens With Undocumented Parents

“Look, Pete has my full throated support,” Marshall also said. “I think that what I love about Pete, first of all, is his heart, that he has a heart of a warfighter and he’s more focused on those enlisted soldiers than he is on this industrial military complex of Washington, D.C.”

“I love his charisma,” he continued. “I love his ability to communicate.”

Watch the videos above or at this link.

READ MORE: Butker’s ‘Traditional Values’ PAC Took Retiree Cash, Spent Most on Fundraising: Report

Image by Gage Skidmore via Flickr and a CC license

Continue Reading

News

Jason Miller Tries to Spin Trump

Published

on

Trump senior adviser Jason Miller appeared on camera Monday morning, attempting to explain remarks made by the President-elect on Sunday. Miller explained that when Donald Trump said Republican former U.S. Rep. Liz Cheney, the vice chair of the U.S. House Select Committee on the January 6 Attack, should be imprisoned, it was not intended as a literal call for her incarceration. Instead, Miller suggested that the statement was meant to promote the equal application of the rule of law in America.

“For what they did, honestly, they should go to jail,” Trump told NBC News’ “Meet the Press” in an interview that aired Sunday (video below). He was referring to Cheney, the committee’s vice chair, and its chairman, Democrat Bennie Thompson.

Trump, The New York Times reported, falsely claimed that the committee had destroyed all the evidence it had collected.

“Cheney did something that’s inexcusable, along with Thompson and the people on the un-select committee of political thugs and, you know, creeps,” he said. “They deleted and destroyed all evidence.”

READ MORE: ‘You Have to’: Trump Confirms Plan to Deport US Citizens With Undocumented Parents

“And Cheney was behind it. And so was Bennie Thompson and everybody on that committee,” Trump alleged.

The Times reports, “In fact, the committee did not destroy all evidence. It released an 800-page report as well as 140 transcripts of testimony and various memos, emails and voice mail messages. The evidence remains online. Mr. Thompson explained in a letter last year that the committee had asked the executive branch to go through some material first to protect ‘law enforcement sensitive operational details and private, personal information that, if released, could endanger the safety of witnesses.’”

Cheney “said the incoming president ‘lied about the Jan. 6 select committee’ and that there would be ‘no conceivably appropriate factual or constitutional basis’ to prosecute its members,” The Times adds.

“Here is the truth: Donald Trump attempted to overturn the 2020 presidential election and seize power,” she said in a statement, according to The Times. “He mobilized an angry mob and sent them to the United States Capitol, where they attacked police officers, invaded the building and halted the official counting of electoral votes. Trump watched on television as police officers were brutally beaten and the Capitol was assaulted, refusing for hours to tell the mob to leave.”

“This was the worst breach of our Constitution by any president in our nation’s history,” Cheney also said in her statement. “Donald Trump’s suggestion that members of Congress who later investigated his illegal and unconstitutional actions should be jailed is a continuation of his assault on the rule of law and the foundations of our republic.”

But Miller, who has been with Trump for much of the time since his 2016 presidential campaign, suggested the President-elect did not call for Cheney to be imprisoned.

READ MORE: Butker’s ‘Traditional Values’ PAC Took Retiree Cash, Spent Most on Fundraising: Report

“Look, Liz Cheney is someone who lost her primary, who got bounced out by a very good Republican who’s been bitter and attacking President Trump ever since,” Miller told CNN’s Pamela Brown Monday morning. “I think Liz Cheney, quite frankly, for what she did, I have my own personal opinions about Liz Cheney, but what President Trump said, if you listen to the entire ‘Meet the Press’ interview, is he wants everyone who he puts in the key positions of leadership … to apply the law equally to everybody.”

“Now,” Miller continued, “that means if you’re somebody who’s committed some very serious crimes, who’s committed very serious felonies, who’s, for example, confidential information and direct violation of laws that are in place, well, then obviously that sets you up for different things, but as far as the politics aspect, if you listen to the entire interview with President Trump, he said he’s gonna leave that up to the law enforcement agents in charge.”

Watch the videos above or at this link.

READ MORE: ‘Melania Grift’: Incoming First Lady Hawks Her Christmas ‘Collectibles’ in Fox Interview

 

Image via Shutterstock

Continue Reading

Trending

Copyright © 2020 AlterNet Media.