I am still doing commentary on today’s history ruling in favor of same-sex marriage. It was a remarkable day for all of us outside of the Court. As many of us quickly read through the opinions, hundreds of people broke out into song: singing our national anthem. It never sounded so beautiful or so meaningful. As I went live with Jake Tapper on CNN, I noticed a familiar reference however. The Chief Justice cited to the Sister Wives litigation now pending before the United States Court of Appeals for the Tenth Circuit. I am lead counsel for the Brown family, which prevailed in striking down the criminalization of cohabitation in Utah. The Wall Street Journal and other media outlets also discussed our case.
First we should start with a quote from the majority opinion by Justice Anthony Kennedy:
“Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations.”
“In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
Here is the portion of Chief Roberts’ decision that cites to the Brown case:
One immediate question invited by the majority’s posi- tion is whether States may retain the definition of marriage as a union of two people. Cf. Brown v. Buhman, 947 F. Supp. 2d 1170 (Utah 2013), appeal pending, No. 14- 4117 (CA10). Although the majority randomly inserts the adjective “two” in various places, it offers no reason at all why the two-person element of the core definition of marriage may be preserved while the man-woman element may not. Indeed, from the standpoint of history and tradi- tion, a leap from opposite-sex marriage to same-sex marriage is much greater than one from a two-person union to plural unions, which have deep roots in some cultures around the world. If the majority is willing to take the big leap, it is hard to see how it can say no to the shorter one.
It is important to note that our case is about the criminalization of cohabitation and not the recognition of plural marriage. In that sense, Brown is closer to the ruling over ten years ago in Lawrence v. Texas. Nevertheless, there is language and analysis in the opinion that certainly amplifies our arguments on challenging the criminalization of these relationships. I expect that the case will be cited in our upcoming argument in Denver.
I have long support same-sex marriage and I was honored to be there at that historic moment. After I had finished with coverage in front of the Court, I was going to a car to go to the studio when I passed a choir singing our anthem (which was sung repeatedly today). It was as moving as the first time and beautifully sung by this choir. This was a truly transcendent moment for our country. I tried to point out on the air that those opposing this decision have some valid arguments about the Court’s role in our society and should not be dismissed as bigots or intolerant. While I disagree with the dissenters, there are valid concerns when the Court steps into an issue with such great political and social and religious divisions. Nevertheless, this was a moment when the Court truly rendered a transformative decision that I believe makes this country a better place.
something your (sic) missing?
Ask a hippie.
He’ll tell you you mean ‘you’re’ missing.
Or is it another rebellious iphone?
why of course it was a spell correction, lovely lisa.
Bad iphone! make somebody look dumb as a Texas cheerleader.
Nothing against Texas, mind you. There once was a rather ‘remarkable’ cheerleader from Yale. But then he was from Texas, too.
Maybe he shoulda asked a hippie.
@doctoryes
I think your missing something. . . . because real men don’t pick on women. haha
http://www.smh.com.au/content/dam/images/1/3/9/t/o/f/image.related.articleLeadwide.620×349.139ryn.png/1423562144846.jpg
So beat me down for not checking my Iphone spell corrections. Yes it was a preexisting condition but the point was, gays & lesbians had more than straight couples did back then. So all of the ruckus is over a legal contract. Why there are just as many straight couples living together, as is married. I feel sorry for the judges who will hear these divorce cases. . . it will be like watching Jerry Springer.
@NickS
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However you did not define how much lemon juice I ought to add to the (8oz) class of water.
K brings out the truth, in a different perspective. Parts of the dance may have come from the end of M.
However you define it, you know it when you see it.
Squeeky Fromm
Girl Reporter
Dumber than a stick.
Preconceived condition. I thought she had to be joking.
I shoulda asked a hippie – just like Scalia advised.
I’m done here for today, this thread has gotten too weird.
Squeeky, you are babbling. What the hell are you talking about? Are you drunk?
No Lisa, do try to keep up. If one gets a prescription for medical marijauna under false pretenses, it’s illegal. Duh.
And dear Lisa, you should be grateful that with Obamacare other women in your condition back then can no longer get denied health care because of that preexisting condition.
@I.Annie
What I don’t understood is in fact how you’re not really much more smartly-preferred than you may be now.
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Squeeky Fromm
Girl Reporter
@Annie
“Now mind your own damn business.”
~~ LOL. . . you threatened to call and report him for smoking medical marijuana. So practice what you preach you puckered up hypocrite!
And Lisa dearie, it should be “preexisting condition”, lol.
@SF
“I look to see a lot of people just withdrawing more from the civic sphere, and taking care of their own. Because the game belongs to the 1% and the media, not the majority of us.”
~~ You are so right. How is it, that minority rules over majority. I get tired of going to restaurants and no one speaks English. I cannot understand a word they say and end up leaving or pointing to an item on the menu, but you cannot deviate from the menu or your in trouble. I go to Ross and ask where something is and they don’t understand what I’m asking. So I just find it or leave.
Lisa, I will mind my own business when he gets his big fat disgusting bulbous nose out of mine. Now mind your own damn business.
The local newspaper in Harrisburg, Pa., The Patriot-News, announced today they will no longer accept or print an op-eds opposing gay marriage. That SHOULD frighten EVERYONE, no matter their thoughts on the topic.
@doctoryes
“Maybe I should ask a hippie.”
~~ Just look in your mirror.
@Annie – June 27, 2015 at 12:19 am
“Max, Spinelli has stated himself on this blog that he is a fat person. He thinks he is being slick by making references to my weight. He states he has a prescription for medical marijauna and then says he walks up to 12 miles daily. Could he be faking? Should he be reported?”
~~ Should he be reported?
” I don’t invade others privacy like he does.”
~~ Then mind your own business.
The really bad part of this isn’t that there is going to be a huge political backlash, because there isn’t. There just isn’t a lot that can be done because it will have to have overwhelming support. Even the pro-life people only have about 55%-45% edge. And that is with dead babies in the balance.
Sooo, even though the majority of the country would prefer not to have this gay marriage crap, there will never be a politically active 70% – 30% majority unless HIV goes airborne. The bad part is that more people will just care a lot less about the country because it seems like it doesn’t belong to us anymore.
My father said this is what happened when school busing was a big thing. He said people stopped giving a hoot what happened with public schools, stopped agreeing to new taxes, and left the cities for the burbs, or put their kids in private schools. or home-schooled them. Now, many of the inner city schools are nothing but zoos. And worse, because wild animals are better behaved than the black kids.
I look to see a lot of people just withdrawing more from the civic sphere, and taking care of their own. Because the game belongs to the 1% and the media, not the majority of us.
Squeeky Fromm
Girl Reporter
‘preconceived condition”?
Is that a joke?
Maybe I should ask a hippie.