Voters in Arizona celebrated yesterday after the Supreme Court dismissed parts of Proposition 200 — the requirement that made people of Arizona provide proof of citizenship when registering to vote. Although parts of Prop 200 remain intact, yesterday’s ruling was considered a step in the right direction for voters and immigrants across our nation. The Nation reports:
The Supreme Court defended voting rights yesterday when it struck down Arizona’s requirement to present proof of citizenship when registering to vote. But while the decision relieves registrants of an unnecessary burden, the rest of the proposition that brought it into being remains intact. Arizona’s Proposition 200 attacks not only voters but immigrants as well. Despite a win for voting rights yesterday, undocumented immigrants will remain especially vulnerable under the law.
Read more here.
Houston lawyer Mitchell Katine came to the Supreme Court 10 years ago for the final chapter of Lawrence v. Texas, the landmark gay rights case in which the justices struck down state sodomy laws.
Neither Katine nor the other lawyers working for John Lawrence and Tyron Garner in their battle against Texas’ sodomy law imagined the length and breadth of Justice Anthony Kennedy’s majority decision, which struck down all remaining state sodomy laws.
As the Supreme Court prepares to issue two historic decisions on gay marriage this month, however, the judges and lawyers who worked on both sides of those earlier cases don’t expect anything quite so eloquent or all-encompassing from a cautious and conservative court.
About 72 percent of Americans say legal recognition of same-sex marriage is “inevitable,” according to a survey released Thursday.
Of those who support same-sex marriage, about 85 percent say it is inevitable, says the Pew Research Center’s survey. About 59 percent of opponents also say it is inevitable.
“As more states legalize gay marriage or give equal status, the question in our minds was how the public sees the trajectory on this issue,” said Michael Dimock, the report’s lead author and director of the Pew Research Center for the People and the Press. “Do they see a future in which gay marriage is going to be the rule, not the exception, in American society?”
The Supreme Court agreed Monday to consider whether prayers can be offered at government meetings — a practice that’s been common in Congress and throughout the states for more than two centuries.
The religious expression case, which comes to the court from the town of Greece, N.Y., focuses on the first 10 words of the First Amendment, ratified in 1791: “Congress shall make no law respecting an establishment of religion.”
That Establishment Clause was violated, the 2nd U.S. Circuit Court of Appeals ruled last year, when the Greece Town Board repeatedly used Christian clergy to conduct prayers at the start of its public meetings. The decision created a rift with other appeals courts that have upheld prayer at public meetings, prompting the justices to step in.
When New York Cardinal Timothy Dolan told national news programs on Easter Sunday that Catholic leaders need to do a better job of showing that their opposition to gay marriage is not “an attack on gay people,” the nation’s top Catholic bishop seemed to be signaling an important shift in tone, if not policies, that acknowledges two new realities.
One is the election of a new pope, Francis, who in less than a month has demonstrated a clear preference for engagement and inclusion (washing the feet of women and Muslim inmates at a Rome youth prison, for example) rather than the confrontation and political purism that often found favor under his predecessor, Benedict XVI.
The other is the ongoing shift in favor of same-sex marriage in the court of public opinion and — if recent arguments on Proposition 8 and the Defense of Marriage Act are any guide — perhaps soon in the U.S. Supreme Court.
Cardinal Timothy Dolan, the top U.S. Catholic prelate, says the Roman Catholic Church has to make sure that its defense of traditional marriage is not reduced to an attack on gays and lesbians.
Dolan is president of the U.S. Conference of Catholic Bishops and last month was reputed to have gathered some votes in the Vatican conclave where Pope Francis was eventually elected.
He made his remarks on two morning talk shows on Easter Sunday, just days after the Supreme Court heard arguments in two same-sex marriage cases.
In nearly two hours of arguments on Wednesday, the Supreme Court heard many of the expected cases for and against recognizing gay marriage: that refusing to do so is blatant discrimination, that gay marriage is a social experiment that the court should not preempt, that Washington has no role in state marriage laws.
Yet it was arcane arguments over matters of legal standing that seemed to most animate the justices, reflecting what seemed to be a desire to find a way for the court to sidestep a definitive up-or-down ruling on one of the most divisive social issues.
In short, the court — particularly its conservative majority — seemed to ask why they should hear a second gay marriage case in as many days, particularly one in which the government supports the lower court’s ruling. And the answer to that question will go a long way toward determining the outcome of a spirited national debate.
Isn’t it remarkable, attorney Ted Olson said after arguing for same-sex marriage before the Supreme Court on Tuesday, that the other side wasn’t really arguing against it?
“No one really offered a defense,” he said of his opponents’ bid to uphold Proposition 8, the 2008 California referendum that effectively ended gay marriage in the state by defining marriage as between a man and a woman.
The question inside the courtroom was not so much can there be gay marriage, but “how do you establish marriage equality?” said David Boies, another attorney for Prop 8 opponents.
Indeed, the lawyer trying to prop up Prop. 8, which was struck down by federal trial and appeals courts, spent barely any time talking about the virtues of traditional man-woman marriage or the hazards of same-sex marriage.
And that, for supporters of gay marriage, shows just how far this debate has come in the U.S.: It’s no longer “if” it will be accepted and legal, but “how” and “when.”
They are moms and dads, authors and activists, a former police officer and a former single mom. They’re black and white and Hispanic. One’s a Roman Catholic archbishop, another an evangelical minister. Many have large families — including gay members.
They are among the leading opponents of gay marriage, or as they prefer to be called, defenders of traditional marriage. And they’re trying to stop an increasingly popular movement as it approaches two dates with history this week at the Supreme Court.
It’s not every day you see an ex-president ask the Supreme Court to strike down a law he signed.
The justices must decide whether the Defense of Marriage Act “is consistent with the principles of a nation that honors freedom, equality and justice above all, and is therefore constitutional,” Clinton writes in The Washington Post.
Our country’s laws represent our values and our moral compass as Americans. They set norms, define transgressions, and mete out consequences for actions. And almost 50 years ago, our nation realized the harassment, intimidation, bureaucratic shenanigans, and violence so many African-Americans and other minority communities experienced when trying to exercise their rights to vote and participate in our great democracy. Our intolerance of such injustice led to the passage of the Voting Rights Act of 1965 — a great triumph in the defense of life, dignity, and equality.
Notwithstanding the near-universal praise the Voting Rights Act has received for ending some of the most overt discriminatory practices in our country’s voting history, there are some saying the Voting Rights Act’s time has passed. In fact, on Wednesday, the Supreme Court will hear oral arguments from Shelby County, Ala., that a key provision of the Voting Rights Act is unconstitutional and should be struck down. These arguments are misguided. The Voting Rights Act remains a vital piece of our national moral commitment never to permit racial discrimination in elections again.
WASHINGTON — Foes of same-sex marriage are warning the Supreme Court that lifting state or federal restrictions would threaten their own economic and religious freedoms and lead to social and political upheaval.
In about three dozen briefs filed in recent weeks, groups ranging from U.S. Catholic bishops and evangelicals to state attorneys general and university professors argue that upholding gay marriage could lead to penalties against objecting employers, military officials, and others.
Briefs from supporters of gay marriage are due by early March.
When disgruntled congregations have left hierarchical denominations such as the Episcopal Church, they’ve often lost property battles as civil courts ruled buildings and land are not theirs to keep.
But outcomes could be different this year, court watchers say, as high-profile cases involving dozens of Episcopal congregations in South Carolina and Texas wind their way through state courts. That prospect has observers watching for insights that could shape legal strategies in other states and denominations.
Both cases involve conservative dioceses that voted to leave the Episcopal Church over homosexuality, among other issues. In South Carolina, congregations representing about 22,000 people are suing the Episcopal Church for control of real estate worth some $500 million and rights to the diocese’s identity. In Texas, the national Episcopal Church is suing about 60 breakaway congregations in the Fort Worth area for properties estimated to be worth more than $100 million.
WASHINGTON — The Supreme Court's decision to take up the explosive issue of same-sex marriage will thrust the high court into a policy debate that has divided federal and state governments and courts, as well as voters in nearly 40 states.
The court's agreement to hear challenges to the federal Defense of Marriage Act and California's Proposition 8 ban on same-sex marriage moves the issue to the top of the national agenda following a year in which advocates scored major legal and political victories.
The court likely will hear the cases in March and rule by late June on a series of questions, potentially including one of the most basic: Can states ban gay marriage, or does the Constitution protect that right for all couples? It also will decide whether gay and lesbian married couples can be denied federal benefits received by opposite-sex spouses.
Any decisions will make history on an issue that has divided the nation for decades. Nine states and the District of Columbia now permit same-sex marriages, and a decision against California's Prop 8 ban would add the 10th and largest state.
A ruling against the 1996 federal law could lead to a spike in gay marriages in all those states. Several more states are likely to consider allowing same-sex marriages in 2013.
Talking Points Memo reports:
The Supreme Court declared Friday that it will take up same sex marriage next year in what’s sure to be a blockbuster case with sweeping implications.
The Court accepted a challenge to the Defense of Marriage Act, the 1996 law that prohibits federal recognition of same sex marriage. Two appeals courts have ruled that Section 3, which effectively bans same sex couples legally married in their states from receiving federal benefits, is invalid under the Constitution’s equal protection clause.
Oral arguments will be next spring and a decision is expected by the end of June
Read more here.
The 15th Amendment to the United States Constitution was the third in a triad of amendments crafted to protect the rights of recently emancipated African Americans. The 13th Amendment abolished slavery. The 14th Amendment granted citizenship to people who were once enslaved, regardless of race. The 15th Amendment, which was passed by Congress February 26, 1869 and ratified February 3, 1870, reads:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude —
The Congress shall have the power to enforce this article by appropriate legislation.
It took nearly a century of blood, terror, and tears, but in 1965 President Lyndon B Johnson and the 89th U.S. Congress passed the Voting Rights Act of 1965; legislation to enforce the 15th Amendment. Finally.
One year more than a decade later, in 1976, I walked hand-in-hand with my mother trudging up and down city blocks lined with row houses in our West Oak Lane neighborhood of Philadelphia. Each time we knocked and a neighbor came to the door, my mom, who served as the judge of elections for our neighborhood, asked: “Are you registered to vote?” If they weren’t, out came the clipboard.
I didn’t understand the legacy we were a part of that day, but with each sweep of the clipboard we were brandishing a non-violent weapon in the long fight of our ancestors to be and stay free. For 100 years — that’s five generations — they faced down the terror of burning crosses, threats to life and livelihood, and the elaborate labyrinth of Jim Crow voting laws — all set up to suppress their votes, all set up to crush their ability to exercise dominion.
So, when the Supreme Court announced recently that one of the cases it would take up in this session was a challenge to Section 5 of the Voting Rights Act, the hairs rose on the back of my neck.
A federal appeals court has upheld Georgia’s ban on bringing guns into places of worship.
The Rev. Jonathan Wilkins, a Baptist pastor, and a gun-rights group had argued that church members should have the right to carry guns into worship services to protect the congregation.
But the 11th U.S. Circuit Court of Appeals ruled on July 20 that a Georgia law adopted in 2010 does not violate the Thomaston congregation’s First and Second Amendment rights.
Gun-rights advocates might want a weapon for self-defense, but that is a “personal preference, motivated by a secular purpose,” the court ruled.
Jerry Henry, executive director of GeorgiaCarry.org, said the minister and his organization are mulling an appeal to the U.S. Supreme Court.
Religious groups and social conservatives are reacting to the Supreme's Court's historic ruling that largely upholds President Obama's health care law, the Affordable Care Act.
Sr. Carol Keehan, president and chief executive officer of the Catholic Health Association of the United States (CHA):
"We are pleased that, based on an initial read of the ruling, the ACA has been found constitutional and will remain in effect. CHA has long supported health reform that expands access and coverage to everyone. We signed onto amicus briefs encouraging the Court to find in favor of the ACA’s individual mandate and the Medicaid expansion. As the ruling is examined, Catholic-sponsored health care providers will continue to lead health care transformation — finding new and better ways to provide compassionate, high-quality care while strengthening the communities we serve."
The Catholic Bishops of the United States urged Congress and President Obama to repair, not replace, the health care law so that it covers immigrants, includes stronger conscience protections, and ensures that it will not fund abortions -- something the law specifically bars:
"Following enactment of ACA, the U.S. Conference of Catholic Bishops (USCCB) has not joined in efforts to repeal the law in its entirety, and we do not do so today.The decision of the Supreme Court neither diminishes the moral imperative to ensure decent health care for all, nor eliminates the need to correct the fundamental flaws described above.We therefore continue to urge Congress to pass, and the Administration to sign, legislation to fix those flaws."