Writers argue that the battle for marriage equality has been won | Arkansas Blog

Friday, February 14, 2014

Writers argue that the battle for marriage equality has been won

Posted By on Fri, Feb 14, 2014 at 2:44 PM

click to enlarge equality.png
Here's an interesting thought from writers in Slate:

It's just a matter of time. The fight for marriage equality has been won in the courts, thanks to the equality language added by Justice Anthony Kennedy to the pivotal Windsor ruling, a factor not initially readily apparent. Look at the results:

Twelve decisions have addressed a substantive aspect of marriage equality since Windsor, and equality has won in all 12—with the Virginia decision now joining decisions from Kentucky, New Mexico, Oklahoma, Utah, and West Virginia, and two decisions each in Illinois, New Jersey, and Ohio. But six other cases since Windsor have addressed different aspects of discrimination based on sexual orientation, such as discrimination on juries and employment benefits, and the side of equality has won in all six of those cases as well.

The tally is even starker when you look at the number of judges who have considered the issue. Since Windsor, in these 18 decisions, 32 different judges have considered whether Windsor is merely about the relationship between the state and federal governments or whether it is about equality. And all 32 of them have found for equality. In other words, 32 accomplished, intelligent lawyers, appointed by Democrats and Republicans, whose job it is to read precedent, have ruled for equality. Not a single one has disagreed.

OK. Scalia, Alito, Thomas and probably Roberts are fully prepared to differ when these cases reach the high court. But Kennedy?

Oh, and by the way:

One other phenomenon has occurred post Windsor that bears mentioning here. In Virginia and Pennsylvania, state attorneys general tasked with defending their state’s same-sex marriage bans have also read Windsor to mean that the ban is unconstitutional. In New Jersey, Gov. Chris Christie abandoned the state’s appeal of a decision striking down the New Jersey marriage ban. And now this week, Nevada’s attorney general, a Democrat, and its Republican governor, announced that they too, could not defend the state’s gay-marriage ban anymore. Why? Windsor.

Alas, Attorney General Dustin McDaniel is fighting equality in Arkansas. For now at least. If Circuit Judge Chris Piazza or federal Judge Kris Baker eventually follow a unanimous record around the country, perhaps he'll rethink at the appeals level.

Tags: , , , , , , ,

From the ArkTimes store

Favorite

Comments (2)

Showing 1-2 of 2

Add a comment

 
Subscribe to this thread:
Showing 1-2 of 2

Add a comment

More by Max Brantley

Readers also liked…

  • LR speakers blast state board for double standard

    A series of speakers, beginning with Sen. Joyce Elliott, denounced what they saw as a hidden agenda favoring charter schools at the state Department of Education and asked the state Board of Education for return of local control.
    • May 12, 2016
  • Is Arkansas in or out on Kobach voter data effort?

    The Washington Post has published a map that counts Arkansas as among states that will "partially comply" with a sweeping request for voter data by the so-called election integrity commission set up by Donald Trump in an effort to cast doubt on Hillary Clinton's 3 million-vote popular defeat of him in 2016.
    • Jul 2, 2017
  • Deputy killed, police chief wounded in Sebastian County. Suspect in custody

    40/29 TV reports that two law officers were shot about 7 a.m. today near Hackett in Sebastian County and at mid-afternoon came word that one of them had died. Later in the day a suspect was taken into custody in the shooting.
    • Aug 10, 2016

Most Shared

  • Conflicts of interest in the legislatures

    The Center for Public Integrity and the Associated Press collaborated for a project aimed at highlighting state legislators whose lawmaking might be affected by private business interests.
  • Industrial hemp pilot program coming soon to Arkansas

    One of the booths at this week's Ark-La-Tex Medical Cannabis Expo was hosted by the Arkansas Hemp Association, a trade group founded to promote and expand non-intoxicating industrial hemp as an agricultural crop in the state. AHA Vice President Jeremy Fisher said the first licenses to grow experimental plots of hemp in the state should be issued by the Arkansas State Plant Board next spring.
  • Cats and dogs

    I've always been leery of people who dislike animals. To my wife and me, a house without dog hair in the corners and a cat perched on the windowsill is as barren as a highway rest stop. We're down to three dogs and two cats, the smallest menagerie we've had for years.

Most Viewed

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation