Thursday, October 8, 2020

Mr. Brown Wants Some Money So That Barrett Can Overturn Obergefell

Brian S. Brown

Brian S. Brown wants some money: “BREAKING: Alito and Thomas: Obergefell Illegitimate
  1. First the obvious: There is absolutely nothing that Brian S. Brown and National Organization for Marriage can do to influence either Barrett's confirmation or the rulings of the Supreme Court.
  2. Secondly, there is no case currently before any court that challenges the ruling in Obergefell v. Hodges. The Court cannot simply reconsider a case that has already been resolved.
I have already written about Alito's and Thomas' displeasure with the ruling in Obergefell. It is the same objection that they had voiced in dissent five years ago.

Brown prattles on:
For many months, NOM has pointed out that we are approaching – if not already at – the point where the Supreme Court’s illegitimate, anti-constitutional imposition of gay ‘marriage’ on the nation in the Obergefell ruling could be reversed.
“Months?” More like years. Brown has been whining about marriage equality since 2008. His indignation increased considerably in 2013 after the ruling in Windsor. Mr. Brown became mentally unwell after the ruling in Obergefell.

Over all these years, Brian S. Brown has never been able to articulate a reason to oppose marriage equality. The reason for that is simple: Brown opposes the ruling because the Catholic Church disapproves. Justices Thomas and Alito are similarly disposed.

For five years Brown has been claiming that the ruling in Obergefell is an “illegitimate, anti-constitutional imposition of gay ‘marriage.’” It is ridiculous. The Supreme Court is the final arbiter of the Constitution per Marbury v. Madison.

Alito's and Thomas' comments this week were similar to what Alito wrote in his Windsor dissent in 2013. It was something to the effect that people who believed that marriage was the union of one man and one woman would now be considered “bigots or superstitious fools.”

It was just a poor secular substitution for his religious objection. No one cares if someone does not approve of same-sex marriage. It only becomes an issue if someone frustrates our constitutional rights. Kim Davis comes to mind and the comments from Alito and Thomas were part of a decision for the Court not to hear her case.
It takes five justices on the Supreme Court to form a majority. So how does the speculation look now on reversing Obergefell? Thomas + Alito + Gorsuch + Kavanaugh = 4. Barrett would = 5, a majority. Chief Justice Roberts can be fickle so we can’t count on him being the deciding vote.
“Fickle” means the Roberts respects precedence in spite of the fact that he dissented in Obergefell. There is also an underlying Precedent in Loving v. Virginia. The Court's decision in Obergefell cited Loving 10 or 11 times. It was based, in part, on the same principles – equality and an unenumerated right to marriage.

Gorsuch has already stated that marriage is a settled issue. If Neal Katyal (Obama's solicitor general) is correct about Kavanaugh, I would not necessarily count him in. Who knows?

It is worth noting that, after the 1967 ruling in Loving, some Southern states continued to attempt to enforce anti-miscegenation laws. It was Richard Nixon's administration that took Alabama to federal court in 1970 (United States v. Brittain) that stopped the state from doing so. It wasn't until 2000 that Alabama finally took the law out of the state code.

Could Barrett pose a threat to marriage equality? Sure and Brown could be right about Gorsuch and Kavanaugh. It is one of the reasons that I strongly oppose Barrett's confirmation.

Last evening, Wednesday, Pence was pressing Kamala Harris on whether or not Democrats would attempt to add seats to the Supreme Court if they control the Senate in the next term. Harris did not answer the question.

If the Court were to overturn Roe v. Wade and threaten Obergefell that would invite a change in composition.

Yes, I am concerned. Brown can do nothing to influence the outcome. The best thing that we can do is to vote! Trump and his enablers should all be voted out of office. The current administration is more corrupt than the Nixon regime.

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