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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJustice Roberts revives an old argument that could save gay marriage
The gay rights movement has spent years trying to convince judges across the country that prohibiting same-sex marriage discriminates against gays and lesbians solely because of their sexual orientation.
But on Tuesday, a surprising question from Chief Justice John Roberts revived a very different legal strategy that the gay rights movement had all but abandoned.
Roberts, who generally sides with the courts conservatives, asked John Bursch, who was defending Michigans same-sex marriage ban, whether the law discriminates against people based on their gender.
Counsel, Im not sure its necessary to get into sexual orientation to resolve the case, Roberts said. I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom cant. And the difference is based upon their different sex. Why isnt that a straightforward question of sexual discrimination?
Bursch responded that he believed the government can legally draw lines based on sex if its related to biology, such as the ability to procreate. But Justice Ruth Bader Ginsburg disagreed with his interpretation, interrupting his rebuttal.
https://www.yahoo.com/politics/justice-roberts-revives-an-old-argument-that-could-117640176486.html
liberal_at_heart
(12,081 posts)shraby
(21,946 posts)SoapBox
(18,791 posts)Hekate
(90,867 posts)"What if a couple of 70-year olds want to marry? Quite obviously they are not going to procreate."
Hekate
(90,867 posts)He's been working this over in his mind for well over 20 years. He started with privacy and keeps coming back to the issue of dignity, among other watchwords. Recommend the article.
Suji to Seoul
(2,035 posts)will come down on the right side. Roberts may be the swing like he was in the ACA case. Kennedy could also swing, but I doubt it!
Hekate
(90,867 posts)He gets it, and with Ginsberg there to frame it, all the better.
Suji to Seoul
(2,035 posts)Breyer ----------------- Fatass Tony
Ginsburg --------------- Sammy The Fish
Sotomayor ------------- Justice Oops
Kagan
Kennedy
Roberts
Looking at that, it wouldn't surprise be, but it would shock me if it were 6-3.
Hekate
(90,867 posts)"Sotomayor Justice Oops"?
Suji to Seoul
(2,035 posts)Hekate
(90,867 posts)Warren DeMontague
(80,708 posts)Suji to Seoul
(2,035 posts)Warren DeMontague
(80,708 posts)... I think!
Warren DeMontague
(80,708 posts)Would certainly be a nice margin!~
Warren DeMontague
(80,708 posts)To be on the ass end of history, here.
Sheesh.
LittleBlue
(10,362 posts)Can't say this isn't pleasing considering who nominated him for his appointment and his saving of the ACA. Must drive the right crazy.
Was Bursch caught off-guard? His answer was weak and rightly mocked by Ginsburg. Very positive signs here.