"Joy and pleasure are as real as pain and sorrow and one must learn what they have to teach. . . ." -- Sean Russell, from Gatherer of Clouds

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“If I hear ‘not allowed’ much oftener,” said Sam, “I’m going to get angry.” -- J.R.R. Tolkien, from Lord of the Rings

Saturday, September 20, 2014

The Sky Is Falling! Oh, Wait. . . .

There's a new NYT/CBS poll out, that shows support for marriage equality in the U.S. at 56%, while opposition has dropped to 37%:

The long-running poll recorded 56% of people in favour of same-sex marriage across the US, while just 37% now oppose it.

The poll, which has run with the same wording for several years, registered a three-point drop in opposition from a similar poll conducted in July this year, when 40% of people had still opposed same-sex marriage.

The 37% finding also demonstrates a sharp fall in opposition from just two years ago, with a July 2012 poll finding 44% opposition.

The article goes on to note the likelihood of an appeal being heard by the Supreme Court in its next session:
There are currently a number of cases that have reached the court, from Indiana, Wisconsin, Oklahoma, Utah, and Virginia.

However, Justice Ruth Bader Ginsburg – one of the most liberal justices on the court, who has herself performed same-sex weddings – said this week that the Supreme Court will not be “rushed” into making a decision on the issue.

She said there is “no need for us to rush” to take up a marriage case, though “there will be some urgency” if the 6th Circuit Court of Appeals Court rules against same-sex marriage, which is considered likely.

I've had the feeling all along that the Court will take any opportunity to dodge this, and there really is no reason for them to take it up if the circuit courts are in agreement.

And just for fun, this reaction on Justice Ginsburg's comments from Mat Staver, whom Ed Brayton has christened "the dumbest lawyer in American not named Larry Klayman.":

WASHINGTON, D.C.— Supreme Court Justice Ruth Bader Ginsburg told an audience at the University of Minnesota Law School that if the Sixth District Court of Appeals rules in favor of same-sex marriage, there will be “no need for us to rush” on a decision on the definition of marriage. If however, the appeals court that covers Kentucky, Michigan, Ohio, and Tennessee upholds the centuries-old, natural definition of marriage as one man and one woman, “there will be some urgency.”

“In casting a vote publicly before the case is even heard, Justice Ginsburg has violated the Judicial Code of Conduct,” said Mat Staver, Founder and Chairman of Liberty Counsel. “It is now her duty to recuse herself from cases involving same-sex marriage.”

It's obvious that Staver's English comprehension is in the negative numbers. Via Joe.My.God.

1 comment:

Pieter B said...

I usually agree with your analysis of legal matters, but in this case, I disagree. Although we've seen repeatedly that Chief Justice Roberts is a liar and a perjurer when it comes to matters of stare decisis, it is important for the Supreme Court to rule on the Constitutionality of same-sex marriage, so that Appeals Courts have a precedent to invoke when ruling in future and so that the various stays can be lifted. The stays currently in effect all refer to a future decision by the Supreme Court, without which same-sex marriage is in legal limbo. I understand Justice Ginsburg's point, but I would like to see a decision sooner rather than later. Leaving people who are already same-sex married in one state but not in all states in the sort of legal wasteland they currently occupy is unnecessarily harmful to all parties, those for and those against.