Friday, June 26, 2015

Equality

From Justice Kennedy's majority opinion in Obergefell v. Hodges:
It would misunderstand these men and women to say they disrespect the idea of marriage. ... They ask for equal dignity in the eyes of the law. The Constitution grants them that right.
Update:  How the hell do we end up with such small-minded men in prominent positions? On a day like today, they pale in comparison to President Obama.

Update (June 30):  Andrew Koppelman thinks Kennedy's argument could have been stronger.

Update (July 6):  Losing in the marketplace of ideas is not the same a persecution.

Update (June 4, 2018):  A Supreme Court ruling seems to favor an anti-gay baker, but David Badash points out a key passage in Justice Kennedy's majority opinion.
[T]hese disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.
Sarah Ruiz-Grossman explains part of Justice Ginsburg's dissent.
[T]here [is] an important difference between a bakery that refused to make a cake for anyone with anti-LGBTQ language on it and a bakery that refused to make a cake for someone in particular ― which they would have made for others ― because that someone was a member of the LGBTQ community. While the former was not discrimination, the latter was.

Update (December 13, 2022):  President Biden signed the Respect for Marriage Act which requires the federal government and states to recognize same-sex and interracial marriages from other states. The Act offsets a possible future ruling from the Supreme Court overturning Obergefell v. Hodges.

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