Friday, January 16, 2015
Supreme Court to Hear Same-Sex Marriage Case This Term
On Friday afternoon, the Court granted certiorari in the Sixth Circuit consolidated cases in DeBoer v. Snyder from the Sixth Circuit. [Recall that a divided Sixth Circuit panel reversed the district court decisions in Kentucky, Michigan, Ohio, and Tennessee].
Here's the Court's grant:
The cases are consolidated and the petitions for writs of certiorari are granted limited to the following questions: 1)Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?
Interestingly, the questions presented use the word "require." [update: here's Rick Hasen and here's Michael Dorf on that very issue].
The remainder of the Order sets out the briefing schedule and oral argument:
A total of ninety minutes is allotted for oral argument on Question 1. A total of one hour is allotted for oral argument on Question 2. The parties are limited to filing briefs on the merits and presenting oral argument on the questions presented in their respective petitions. The briefs of petitioners are to be filed on or before 2 p.m., Friday, February 27, 2015. The briefs of respondents are to be filed on or before 2 p.m., Friday, March 27, 2015. The reply briefs are to be filed on or before 2 p.m., Friday, April 17, 2015.
https://lawprofessors.typepad.com/conlaw/2015/01/supreme-court-to-hear-same-sex-marriage-case-this-term.html
It is a SHAME the Supreme Court 'needs to render a decision regarding the Fourteenth Amendment whose wording is about as clear as anything can be!
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Since states, including our state, Kentucky, feel they have the 'authority' - 'right' to abridge the "privileges" and "immunities" of we citizens of the United States, the US Supreme Court must FINALLY rule to enforce our constitutionally guaranteed rights - freedoms!
Posted by: LR | Jan 17, 2015 6:52:58 AM