Love v. Beshear

The Countdown: Three Weeks

Jim Obergefell, left, and John Arthur, who suffered from ALS, are married by officiant Paulette Roberts, Arthur’s aunt, on a plane on the tarmac at Baltimore-Washington International Marshall Airport on July 11, 2013. (Glenn Hartong/AP)

Three weeks.

It was not a long marriage, just three months and 11 days — the time it took his husband, John Arthur, to struggle to say, “I thee wed,” and then die from ALS. Now their union, and the 20-year relationship that preceded it, is at the center of Obergefell v. Hodges, the title case of four consolidated appeals the Supreme Court will hear this month to decide whether gay couples have a constitutional right to marry.

(Rosenwald)

Perhaps it would be helpful to understand not only the importance of Mr. Obergefell’s marriage, but also the terrible depths to which two judges in the Sixth Circuit stooped in hopes of calling it off.

The right of Ohio to decide which marriages to honor or not depends in part on whether the marriage is illegal for other reasons. And that’s part of what is going before the Supreme Court in three weeks. You know, because marrying your gay partner is the equivalent of other prohibited behaviors like incest, or incompetence. (See Sutton and Cook, pp. 40, 59.)

That is how low Judges Jeffrey Sutton and Deborah Cook reached in order to unmarry a dead man.

Yes, there is a reason even Justice Thomas knows it’s over. And in three weeks, Mary Bonauto will do us the honor of driving the nails.

____________________

Rosenwald, Michael S. “How Jim Obergefell became the face of the Supreme Court gay marriage case”. The Washington Post. 6 April 2015.

Sutton, Jeffrey and Deborah Cook. “Opinion”. DeBoer v. Snyder. U.S. Court of Appeals for the Sixth Circuit. 6 November 2014.

Thomas, J. Clarence. “On Application for Stay”. Strange v. Searcy. Supreme Court of the United States. 9 February 2015.

¡Godzilla! Oh, Wait … It’s Just Marriage Equality

Justice is blind ... just kidding.  No, really, did you read the Sixth Circuit ruling?  Jaded eyes, jaded eyes ....

And then there is this:

Today, November 19, U.S. District Court Judge Brian Morris ruled in favor of the freedom to marry in Montana, striking down the ban on marriage between same-sex couples in the state.Marriage Moves Forward in Montana!

The ruling is set to take effect “immediately,” the judge ruled, meaning that same-sex couples in Montana should be free to marry now.

The Attorney General said shortly after the decision that he will appeal the decision to the 9th Circuit Court of Appeals. The Attorney General could also seek a stay from Judge Morris, but as we’ve seen time and again this month – from the 4th Circuit, from the 9th Circuit, and even from the United States Supreme Court – judges have repeatedly rejected requests for stays, because there’s no good reason to delay the freedom to marry.

(Hiott-Millis)

Dan Savage gloats, of course, but here’s the thing:

Slog’s resident trolls would erupt every time I ended a Slog post about marriage equality with “We’re winning.” They LOL’d at my delusions, they sneered at my efforts to buck up supporters of marriage equality, they trolled a little harder. They called me a cockeyedmouthed optimist. That was then. This is now: 35 states, motherfuckers. And, thanks to a “loss” before the U.S. Court of Appeals for the 6th Circuit—the only U.S. Court of Appeals decision that hasn’t backed marriage equality—we’re headed back to the Supreme Court.

Reading through the Sixth Circuit decision against marriage equality is a fascinating exercise in depression. We knew that a decision against same-sex marriage would require some degree of juristic contortion and acrobatics, but what the court gave us was the metaphorical equivalent of ceremonial magick.

(more…)