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    Senior Member JohnDoe2's Avatar
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    Supreme Court: Same-sex couples can marry in all 50 states

    Supreme Court: Same-sex couples can marry in all 50 states

    Published June 26, 2015 FoxNews.com



    NOW PLAYINGUS Supreme Court rules in favor of same-sex marriage
    The Supreme Court ruled Friday that same-sex couples have a right to marry nationwide, in a historic decision that invalidates gay marriage bans in more than a dozen states.

    Gay and lesbian couples already can marry in 36 states and the District of Columbia. But in a 5-4 ruling, the court held that the 14th Amendment requires states to issue marriage licenses for same-sex couples and to recognize such marriages performed in other states.


    The ruling means the remaining 14 states that did not allow such unions, in the South and Midwest, will have to stop enforcing their bans.


    Justice Anthony Kennedy wrote the majority opinion, just as he did in the court's previous three major gay rights cases dating back to 1996.


    "No union is more profound than marriage," Kennedy wrote, joined by the court's four more liberal justices.


    He continued: "Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right."


    The outcome is the culmination of two decades of Supreme Court litigation over marriage, and gay rights generally. Cheers broke out outside the Supreme Court when the decision was announced.

    President Obama tweeted: "Today is a big step in our march toward equality."


    But other justices argued that the court should not be able to order states to change their marriage definition. Chief Justice John Roberts, in a dissent joined by Justices Clarence Thomas and Antonin Scalia, called the ruling an "extraordinary step."


    "Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority's approach is deeply disheartening," they wrote.


    "The majority's decision is an act of will, not legal judgment."


    Each of the four dissenting justices also wrote a separate dissent.


    The ruling will not take effect immediately because the court gives the losing side roughly three weeks to ask for reconsideration. But some state officials and county clerks might decide there is little risk in issuing marriage licenses to same-sex couples.


    The cases before the court involved laws from Kentucky, Michigan, Ohio and Tennessee that define marriage as the union of a man and a woman. Those states have not allowed same-sex couples to marry within their borders and they also have refused to recognize valid marriages from elsewhere. They previously had their bans upheld by a federal appeals court.


    Just two years ago, the Supreme Court struck down part of the federal anti-gay marriage law that denied a range of government benefits to legally married same-sex couples.


    There are an estimated 390,000 married same-sex couples in the United States, according to UCLA's Williams Institute, which tracks the demographics of gay and lesbian Americans. Another 70,000 couples living in states that do not currently permit them to wed would get married in the next three years, the institute says. Roughly 1 million same-sex couples, married and unmarried, live together in the United States, the institute says.


    The Obama administration backed the right of same-sex couples to marry. The Justice Department's decision to stop defending the federal anti-marriage law in 2011 was an important moment for gay rights and Obama declared his support for same-sex marriage in 2012.

    http://www.foxnews.com/politics/2015...all-50-states/

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    Senior Member JohnDoe2's Avatar
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    Senior Member Judy's Avatar
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    I'm so glad to see this ruling so that the divide between gay and straight can end once and for all. The religious folks who don't want to perform marriage ceremonies won't have to. Some people like Ronnie Floyd, President of the Southern Baptist Convention was quite confused about that. This just applies to government performed ceremonies and the issuance of marriage licenses. It of course overturns the state constitutional amendments banning gay marriage.
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    Senior Member JohnDoe2's Avatar
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    Senior Member Judy's Avatar
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    Quote Originally Posted by JohnDoe2 View Post
    Nothing in this ruling requires pastors to perform gay marriage ceremonies so this ruling has no impact at all of any kind on them, their church or their religious beliefs.
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    PREMATURE HONEYMOON

    Gurl, it ain’t over: 10 LGBT fights the Supreme Court could hear next

    by Jorge Rivas | June 26, 2015 11:47 AM

    Gay marriage is great, but gay people are going to need jobs to pay for those wedding parties.

    The U.S. Supreme Court made history today when it ruled same sex couples across the U.S. have a Constitutional right to marry. But it’s still perfectly legal in 29 states to fire or deny gay people promotions just because of their sexuality.


    Take a look at other political fights that could one day reach the Supreme Court and determine whether LGBT people in the U.S. have access to equal rights.


    Worker discrimination laws for LGBT workers

    There is currently no federal law that protects LGBT individuals from employment discrimination. In more than half the country – 29 states – gay and lesbian employees are not protected against discrimination based on their sexual orientation. It’s even worse when it comes to transgender workers, 32 states don’t have any protections against discrimination at the workplace based on gender identity.

    The Employment Non-Discrimination Act (ENDA), a bill that would protect LGBT people from workplace discrimination has been proposed in Congress for over 20 years, but it’s gone nowhere.

    House Speaker John Boehner, R-Ohio, called the bill“unnecessary” and said it “would provide a basis for frivolous lawsuits.”


    Housing discrimination laws

    Seventeen states and the District of Columbia prohibit housing discrimination based on sexual orientation and gender identity.

    That means that landlords in the remaining 33 states can deny housing or evict renters from their home just because they’re LGBT.


    Adoption refusal laws

    Same sex couples in Louisiana, Mississippi and Michigan face legal barriers to joint adoptions.

    “[Gay marriage] provides innumerable protections, rights and responsibilities to married couples and parents raising children in a marriage. But it doesn’t come close to solving all of the legal and recognition issues that same-sex couples and their children face,” Emily Hecht-McGowan, director of public policy at the Family Equality Council told the New York Times.


    A number of states have also authorized state-paid child placement agencies to turn away qualified prospective foster or adoptive parents based solely on the religious beliefs of the agencies, regardless of their ability to care for a child, according to anACLU analysis.


    Earlier this month Michigan passed a law that allows state-funded child welfare agencies to deny services to same-sex couples who want to provide foster care or adopt. Virginia and North Dakota already have similar religious exemption laws, according to the Movement Advancement Project.


    Gay conversion therapy

    A day before the historic Supreme Court ruling on gay marriage a New Jersey jury unanimously decided offering gay conversion therapy is an act of consumer fraud.

    All of the nation’s major mental health professional groups have questioned the ethics, efficacy and benefits of the so-called conversion therapy but still only three states have laws that prohibit the practice.


    Even the White House has spoken out against the practice that is based on a view of homosexuality that has been rejected by all the major mental health professions.


    The Obama administration “supports efforts to ban the use of conversion therapy for minors.”

    “Often, this practice is used on minors, who lack the legal authority to make their own medical and mental health decisions. We share your concern about its potentially devastating effects on the lives of transgender as well as gay, lesbian, bisexual, and queer youth,” wrote Valerie Jarrett, senior advisor to President Obama, in a response to a White House petition.



    “Show Your Papers to Pee” bills

    Laws that criminalize trans people for entering restrooms that correspond to their gender identity may turn into the nation’s next big LGBT legal fight.

    Earlier this year in February Texas state Rep. Debbie Riddle filed legislation that would make it a misdemeanor for a trans person to use a restroom that doesn’t correspond to the sex “established at the individual’s birth.”


    Keeping bias out of public schools

    Nevada, Florida, and Texas have also proposed bills that would bar trans kids from using certain school bathrooms and locker rooms.

    Rights for incarcerated LGBT people

    Recently the Justice Department backed a lawsuit filed by a trans prisoner who claims Georgia prison officials terminated her female hormone therapy when she entered prison. In a “statement of interest” filed in Ashley Diamond’s case, the Justice Department noted denying “appropriate medical care” for inmates with gender dysphoria violated the Eighth Amendment’s prohibition on cruel and unusual punishment.”

    In April, a federal judge in California ordered the California Department of Corrections and Rehabilitation to provide gender-affirming surgery to a transgender woman being held in a men’s prison.


    “From police profiling of trans women of color as sex workers to the violence LGBT people face in custody, criminal justice reform is critically important for the LGBT movement,” says the American Civil Liberties Union.


    Laws that criminalize HIV

    There are 13 states where people living with HIV can be charged with a felony for biting or spitting at someone, even though it has been years since the Center for Disease Control declared it’s not possible to transmit HIV via saliva.

    The majority of these laws that criminalize HIV were passed decades ago before studies showed that antiretroviral therapy reduces HIV transmission risk and most do not account for HIV prevention measures that reduce transmission risk, such as condom use or pre-exposure prophylaxis (PrEP), the daily pill which can lower the risk of HIV infection by 92 percent.


    In June 2014 the Iowa Supreme Court reversed the conviction of a man living with HIV who had been sentenced to twenty-five years for allegedly exposing his sexual partner to HIV, even though he used a condom and did not transmit the disease.


    Incarcerating LGBT immigrants


    Jennicet Gutiérrez made national news this week when she interrupted President Obama’s speech to demand he release all LGBTQ immigrants from immigration detention centers.
    U.S. officials currently detain transgender immigrant women in men’s detention centers where the conditions are often humiliating, dangerous, and even deadly.

    A 2014 Fusion investigation found U.S. immigration officials detain an average of 75 transgender detainees each night.


    But even though Immigration and Customs enforcement (ICE) holds 34,000 immigrants each night, transgender detainees account for one out of five confirmed sexual abuse cases in detention, Fusion’s investigation found.


    “Religious freedom” laws

    Annnnd we’re back at where we started. There will undoubtedly be government employees who refuse to perform same-sex marriages because of claims that it would violate their religious beliefs.
    States like North Carolina have passed laws that allow civil magistrates to refuse to marry any couple it conflicts with their “sincerely held religious” beliefs.

    http://fusion.net/story/154378/gurl-...uld-hear-next/
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    Senior Member JohnDoe2's Avatar
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    Ted Cruz on Rulings: 'Some of the Darkest 24 Hours in Our Nation's History'

    Jun 26, 2015 1:08 PM PDT

    More than any other 2016 Republican presidential candidate, Cruz has made religious liberty and gay marriage the articles of his long shot bid.




    More than any other 2016 Republican presidential candidate, Ted Cruz has made religious liberty and gay marriage the articles of his long shot bid. So it was baffling that the Texas senator too so long to respond to today's Supreme Court ruling affirming gay marriage.

    After five hours, he finally emerged on Sean Hannity's show to declare this "some of the darkest 24 hours in our nation's history."


    In the meantime, Cruz's top competitors for the evangelical Christian vote—including former Arkansas Governor Mike Huckabee, Louisiana Governor Bobby Jindal and former Pennsylvania Senator Rick Santorum—grabbed headlines with their criticism of the 5-4 ruling that brings gay weddings to the last 14 states where they were still banned.


    With his response, guaranteed to reach his party's most conservative flock, Cruz did not disappoint those fuming over the decision.


    The court, said Cruz, will not have the final say and he cited "a number of recourses we have,'' including legislation he's sponsoring that would create a constitutional amendment shielding from legal action states that still bar gay marriage.


    Even so, he acknowledged, "There aren't a whole lot of Republicans in Congress willing to stand and fight.'' Cruz's bill stands almost no chance of becoming law since he would also need Senate Democratic support to reach the 60-vote threshold needed to advance most legislation.


    The fact that he planned a media strategy around his response—withholding it until his appearance on Hannity's show—speaks to the outsized role the gay marriage issue will continue to play in his bid for the White House. While Cruz is an underdog in the Republican field, his advisers see a path to the nomination if he can broaden his base supporters beyond limited-government, Tea Party-aligned conservatives to include evangelical voters, particularly in the early voting state of Iowa.


    In a speech last week before a Washington gathering of faith activists, Cruz said the 2016 election would be the "religious liberty election'' and called on the audience to pray the Supreme Court rules against same-sex weddings. "Religious liberty has never been more threatened in America than right now today,'' said Cruz. And he hectored his opponents for their timidity on the issue.

    http://www.bloomberg.com/politics/ar...s-after-ruling

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    Senior Member Judy's Avatar
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    Hey Bubba, neither your religious liberty nor anyone else's has been threatened by gays, gay marriage, and most certainly not by this court ruling.

    Oh by the way, 2016 is not going to be the "religious liberty election". It's going to be the "stop illegal immigration election".
    Last edited by Judy; 06-26-2015 at 07:57 PM.
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    Senior Member southBronx's Avatar
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    Quote Originally Posted by Judy View Post
    Hey Bubba, neither your religious liberty nor anyone else's has been threatened by gays, gay marriage, and most certainly not by this court ruling.

    Oh and by the way, 2016 is not going to be the "religious liberty election". It's going to be the "stop illegal immigration election".
    JUDY
    I LOVE YOUR POST YOU TELL LIKE
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    Senior Member JohnDoe2's Avatar
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    Religious Groups Vow to Fight Gay Marriage Despite Supreme Court

    New legal strategies for exemptions developed; new push for fundraising

    ENLARGE
    Pro and antigay rights protesters outside the U.S. Supreme Court in April. PHOTO: OLIVIER DOULIERY/GETTY IMAGES


    By TAMARA AUDI And
    JACOB GERSHMAN
    Updated June 26, 2015 7:51 p.m. ET 82 COMMENTS

    Religious and conservative leaders opposed to same-sex marriage say their fight over the issue won’t end with Friday’s Supreme Court ruling. But it is unclear how future battles might play out; religious conservatives say they fear major challenges and disruptions, and gay rights advocates said those worries are overblown.

    “No church will be required to change any of its doctrine related to marriage. No priest or rabbi or other religious official will be required to officiate a gay marriage, and people of faith will be able to advocate in the public square any particular view of marriage,” saidDale Carpenter, a University of Minnesota law professor who supports gay marriage.


    “All those things are a matter of constitutional law and they were reiterated today in Justice Kennedy’s opinion,” he said.


    Justice Anthony Kennedy, who wrote the majority ruling, said that “religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned.”


    On Friday, a group of evangelical Protestant pastors released a declaration saying they wouldn’t “capitulate on marriage.”


    “We will not allow the government to coerce or infringe upon the rights of institutions to live by the sacred belief that only men and women can enter into marriage,” says the statement, signed by dozens of faith leaders, including Russell Moore, president of the Southern Baptist Convention’s Ethics & Religious Liberty Commission, as well as John Bradosky, Presiding Bishop of the North American Lutheran Church.


    Some religious groups are pressing for legislation that would prevent the federal government from penalizing federal employees, contractors or religiously affiliated organizations that oppose gay marriage. And gay-rights advocates will press for workplace protections against discrimination based on sexual preference.


    At a Supreme Court that has been broadly supportive both of religious expression and gay and lesbian equality, the ultimate resolution of such conflicts remained unclear.


    Friday’s ruling, confined as it was to marriage, doesn’t resolve broader conflicts between religious liberty and discrimination laws.

    Currently more than 20 states and the District of Columbia restrict discrimination against gays and lesbians in employment and housing. Almost nearly as many states have laws that also cover rights for transgender and transsexual people.


    But in the rest of the country, it is still legal to fire someone or deny housing to someone on the basis of their sexual orientation or gender identity.


    State legislatures, rather than the courts, are the most likely battleground for the gay-rights movement, legal experts said.


    Battles over “religious-freedom laws,” such as the one that erupted in Indiana in March, could become more common, as conservatives push states to enact statutes shielding religious people, organizations and businesses from sanctions for refusing to participate in gay marriages or provide services for same-sex ceremonies, according to Mr. Carpenter.


    MORE ON GAY MARRIAGE RULING






    Conservative groups have been bracing for the ruling for months—developing legal strategies to carve out religious exemptions and ramping up fundraising to pay for them. Those groups said they expect to continue to fight for religious exemptions from legal mandates to accept same-sex marriage in courts, at the federal level, and state by state.

    Catholic bishops and Southern Baptists are throwing their support behind federal legislation introduced last week that would ban the federal government from revoking tax-exempt status or otherwise penalizing religiously affiliated organizations, like schools, over a refusal to accept same-sex couples.


    “The decision makes it all the more important that Congress move to protect the religious liberty of those who believe in traditional marriage,” said U.S. Rep. Raul Labrador, a Republican from Idaho who introduced the legislation, known as the First Amendment Defense Act.



    The Supreme Court's decision on gay marriage is much more conclusive than its Thursday ruling on the Affordable Care Act, explains WSJ’s Jerry Seib. Photo: AP


    On Friday, some religious leaders said they would resist any government attempts to compel them to recognize same-sex unions through civil disobedience. “We are going to maintain our biblical faith and uphold our convictions regardless of the consequences,” said Rick Scarborough, a Southern Baptist pastor in Nacogdoches, Texas, and the president of Vision America, a group that trains ministers and advises them on legal rights.

    Mr. Moore of the Southern Baptist Convention said on a call with reporters after the ruling that he didn’t interpret the ruling as potentially forcing clergy to perform same-sex weddings. But he said he feared the ruling could usher in other conflicts—like perhaps forcing military chaplains to perform same-sex weddings, or affecting the tax-exempt status or government contracts of religiously affiliated institutions. “We’re going to fight for religious liberty and this will be a major front in where we go in the future,” he said, adding, “you will see legal skirmishes” if the government tries to mandate acceptance of same-sex couples for religiously affiliated adoption agencies or other social-service institutions.


    He and others have said they fear that religiously affiliated schools that refuse to hire people in same sex relationships will be penalized in light of the ruling. But he said those schools should not change their policies.


    Mr. Scarborough said he has advised ministers to “continue to preach that God has forbidden such [same-sex] relations…If it means going to jail or facing fines or loss of [nonprofit] status, so be it. But don’t stop doing what you’re doing,” he said.


    “The battlefield shifts to religious freedom,” said Richard Land, the president of the Southern Evangelical Seminary. Mr. Land said the form that battle takes will largely depend on supporters of gay marriage.


    “Will the progressive, totalitarian and intolerant left weaponize the government and attempt to force or compel people to affirm same-sex behavior and relationships? Or will they respect the freedom of conscience guaranteed by the Constitution?” he said.


    Gay rights advocates celebrating the ruling said Friday that religious conservatives opposing gay marriage were largely overreacting to perceived threats. The ruling, they said, wouldn’t impact how churches operate, or the daily lives of religious people who don’t support gay marriage.


    “Questions I’ve heard about ‘Are we still going to be able to decide who we marry?’ Well, of course they are,” said James Esseks,director of the American Civil Liberty Union Lesbian, Gay, Bisexual, Transgender and HIV Project. “The constitution protects that fundamental liberty.”


    Mr. Esseks noted that in the 37 states where gay marriage was already legal before the ruling, conflicts have been minimal.

    Sarah Warbelow, of the Human Rights Campaign, said “nobody is seeking to force clergy to marry same-sex couples.” Ms. Warbelow said there will be “debates and questions around when a religious organization is operating in the public sphere accepting taxpayer dollars. There will be an expectation that those organizations provide equal treatment to LGBT people.”

    However, she said gay rights advocates are concerned that religiously affiliated organizations, like hospitals, which receive federal support should not be able to discriminate against same-sex couples.

    “We think it’s a very serious problem if you are accepting taxpayer funds, that LGBT people are contributing to, that you shouldn’t be able to accept those funds and then decline to admit students or fire someone based on sexual orientation or gender identity,” she said.

    But she added “that’s very different than the school being able to continue its mission and teach its values.”


    In recent months, religious opposition to gay marriage has played out under the concept of religious liberty as religious and conservative leaders have seen public opinion and law shift drastically in favor of same-sex marriage over the last decade.


    The decision “serves as a de facto and legal catalyst for the marginalization of Americans who embrace a biblical worldview,” said Rev. Samuel Rodriguez, president of the National Hispanic Christian Leadership Conference. He said Americans must build “a firewall against intolerance and bigotry toward followers of Christ.”


    Some religious groups have discussed the so-called “ Benedict Option”—strengthening congregations by withdrawing from the public sphere. But many reject that, saying Christians must be out in the world. “What makes you think the progressive left will leave you alone in your monastic communities? They’ll come after you there,” said Mr. Land of the Southern Evangelical Seminary.


    Mr. Land said “one line of battle” will be drawn at religiously affiliated institutions. His seminary doesn't take federal grants, he said, but it is accredited by government agencies. The seminary refuses to hire or admit those who are in same-sex relationships.


    He said his school has already undergone a legal review to make sure its policies are clearly stated.


    “Unfortunately, today’s decision creates the scenario where our fellow Americans will likely be asked to cease to follow the dictates of their faith or else leave the public square and close up their schools and hospitals,” said Grazie Christie, of The Catholic Association.

    “This would be pure tyranny. The impulse toward bullying religious institutions and men and women of conscience must be resisted.”

    http://www.wsj.com/articles/religiou...urt-1435329751

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