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  • « A third way for the Prop 8 case | Main | Roberts rules but leaves the door open »

    March 02, 2010

    Roberts gives gay marriage go ahead

    Posted by: Chris

    Chief justice john roberts dc gay marriage stay This can't have been too easy for the conservative Catholic chief justice of the United States:

    Chief Justice John Roberts rejected the request of gay marriage opponents to stay the effective date of the District of Columbia's marriage equality bill. He wrote: "Without addressing the merits of petitioners’ underlying claim, however, I conclude that a stay is not warranted."

    Roberts specifically noted the argument advanced by the District that the Supreme Court generally defers to the local D.C. courts for "matters of exclusively local concern." He also noted the fact that Congress did not act to disapprove of the law during the 30-day review period and the remaining availability of the initiative process in reaching his decision not to grant the stay.

    Bishop Harry Jackson, along with others opposed to marriage equality coming to Washington, filed a last-minute request at the U.S. Supreme Court on Monday, March 1, seeking to stop the Religious Freedom and Civil Marriage Equality Amendment Act of 2009 from becoming law on March 3 so that he can proceed with his referendum effort.

    Aided by lawyers from the national organization Alliance Defense Fund, Jackson filed a request for an immediate stay of the law with Roberts because the chief justice is responsible for hearing appeals coming from the District.

    It's nice to see that sometimes the ministers of Judicial Restraint actually practice what they preach.

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    Comments

    1. Law on Mar 2, 2010 11:16:51 PM:

      In another development, the U.S. government now recognizes that the Federal Government has no right to tear apart gay and lesbian families, but the Obama Justice Department is now claiming that DOMA does not do that. Ask that to the thousands of binational gay couples like yourself who have been separated for years:

      Check out this brief by Obama's fellows at page 10: "Although there is a fundamental constitutional right to the integrity of the family unit....[which includes] the right of a family to remain together, DOMA does not affect whether a same-sex married couple under state law may "remain together".

      http://www.glad.org/uploads/docs/cases/gill-doj-response-to-mfsj-1-29-10.pdf

    1. SteveW on Mar 3, 2010 9:05:00 AM:

      When I read Robert's written opinion (at http://supremecourtus.gov/opinions/09pdf/9A0807.pdf), I was discouraged.

      It wasn't necessary for Roberts to write a lengthy explanation, but he chose to write one in which he emphasized that the reason he was not going to postpone the law was because the anti-gay group would have a change to have a court consider their argument -- an argument that Roberts said has "some force" -- that a referendum should be allowed after the new law becomes effective. I think Roberts was sending a message to the lower court that will consider the issue of the referendum.

    1. cheap ugg boots on Nov 22, 2010 4:00:41 AM:

      i fail to understand why you think that it would be surprising if walker ruled narrowly. i believe a narrow ruling, at his level, at the 9th circuit appellate court level, at the supreme court level, is exactly what we want

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