March 02, 2010
Roberts gives gay marriage go ahead
Posted by: Chris
This can't have been too easy for the conservative Catholic chief justice of the United States:
It's nice to see that sometimes the ministers of Judicial Restraint actually practice what they preach.
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.
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