Preview

Why These Four Justices Rejected Marriage Equality Summary

Good Essays
Open Document
Open Document
336 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Why These Four Justices Rejected Marriage Equality Summary
In the article “Why These Four Justices Rejected Marriage Equality,” the author, Sunnivie Brydum, presents the different views of the justices who disagreed with the newly approved same-sex marriage bill. Recently the United States of America legalized same-sex marriage, and although five of the nine justices voted in favor of it, there were still four justices who expressed their dissent about the new law.

The reasons these four justices voted against the law varied, but all four justices had made the same decision of voting against the law. Chief Justice John Roberts claims that the decision should have been made by the majority, not only the Court. The constitution says that justices are only supposed to state what the laws are in a country,

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Facts: Groups of the same sex couples sued their relevant state agencies in Ohio, Kentucky, Michigan, and Tennessee to challenge the constitutionality of those states bans on the same sex marriage or refusal to recognize legal same sex marriages that occurred in jurisdiction that provide for such marriages. James Obergefell (plaintiffs) in each case argued that the states statutes violated Equal Protection Clause and Due Process Clause of the fourteenth Amendment, and one group of plaintiffs also brought claims under the Civil Rights act. In all the cases, the trial court found in favor of the plaintiffs. The U.S Courts of Appeals for the Sixth Circuit reverse and held that the states bans on same sex marriage and refusal to recognize marriages performed in other states did not violated the couples fourteenth amendment rights to equal protection and due process.…

    • 604 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The Framers of the United States Constitution vested immense power in the judicial branch of the government. Over the years, the highest Court of the land, the United States Supreme Court, has ruled on a multitude of cases, making new laws and setting precedence. The American people deem the judicial body supreme and, perhaps irrationally, trust they will interpret the Constitution more accurately and ethically compared to the executive and legislative branches. However, decisions of the courts are not purely legal, but rather a synthesis of attitudinal, legal, and strategic processes.…

    • 802 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The article entitled “Why These Four Justices Rejected Marriage Equality”, by Sunnivie Brydum talks about why the four members of the Supreme Court (Justices Samuel Alito, Antonin Scalia, Clarence Thomas, and Chief Justice John Roberts. One of the reason is that the dignity does not come from the government, but religious freedom is now at risk. “The Court’s decision today is at odds not only with the Constitution, but with the principles upon which our Nation was built.” This means that the decision of the majority may affect the religious liberty. This also means that the Constitution contains or does not have dignity.…

    • 373 Words
    • 2 Pages
    Good Essays
  • Good Essays

    As the case of Garden State Equality vs. Dow unravels into the Supreme Court hearings, there will be an indefinite variety of opinions and disputes of minds. There is room for controversy and disputes will arise. There are miss-interpretations and quotes that government officials and citizens against civil union rights have expressed and demonstrated about same-sex couples and their right to marry. This is an example of an interpretation given to describe differences in marital relationships by one of the Opinions of the Justices to the Senate, 440 Mass. at 1207, it states, “The dissimilitude between the terms “civil marriage” and “civil union” is not innocuous; it is a considered choice of…

    • 575 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Four Justices disagreed, creating four contradicting opinion. Many of the supreme court justices disagreed with the majority stated that same-sex couples had the right to wed. All justices concurred that the Constitution itself does not say anything in regards to marriage. This implies marriage is not a counted right. Indeed, Justice Alito particularly stated, "The Constitution says nothing in regards to same-sex marriage." Because the privilege for same-sex couples to wed is not an identified right, the only way for it to be protected in our constitution is for it to be inferred. The justices stated that…

    • 489 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In a 5-4 decision declared by Justice Byron White held that Individuals are not protected by the constitution for sodomy and such practices could be outlawed by states. Justice Burger, Powell, Rehnquist, O’Connor supported the majority with Byron White while Justice Brennan, Marshall, Blackmun, and Stevens dissented.…

    • 939 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Supreme Court justices are aware of the fact that Congress is in the position to overturn or modify one of their rulings, and in order to preemptively prevent that, they are working in a way that moves their decisions closer to Congress without upsetting their own preferences, while simultaneously, not to garner hostile action. Justices should pick battles in accordance with the political conditions that are most favorable to their desired outcome, and not whether an individual litigant chooses to challenge the political statute at the time. The Court has to take into account, when they are deciding on cases as far as aggravating Congress, whether they will elect to take up severe punishments that will more or less affect the entire institution…

    • 1132 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Subjectivity for Lct1 Wgu

    • 980 Words
    • 4 Pages

    In Maureen Dowd’s opinion column entitled “Happily Never After?” she expresses doubt in the Supreme Courts ability to rule in a way that she feels is fair to the Gay and Lesbian community. In her view the Supreme Court Justices are out of touch with society and they will fail to provide equality for gay couples who are only seeking equal respect in the law; to be treated just like other Americans and have the legal right to marry in their “pursuit of happiness.”…

    • 980 Words
    • 4 Pages
    Good Essays
  • Good Essays

    When Justices are appointed, they take the oath to make decisions that are fair and according to the Constitution. The decisions justices take every day affect the lives of Americans in many ways. The Justices are given the heavy responsibility to interpret the law and Constitution. However, many times Justices get confused about the original intent of the law, and therefore interpret it different from what the legislators wrote back then. Since the legislators of the Constitution are not alive today, Justices have to try their best to make decisions according to the law.…

    • 832 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Though many know of the court case, not all people know the history of it. The part that many know is that the people were gay, lesbian, and so on, and most people also know that they were fighting for the right to marry. What too many people do not know is that even though court Justices were against it, the majority did not care since it did not affect them. Justice Scalia said the following in his statement, “The substance of today’s decree is not of immense personal importance to me.” Since in many states, previous to the law passing, barely anyone who was same-sex could marry their spouse.Though this privilege was granted to opposite-sex spouses, along with insured plans, medical plans, and many other privileges. When the law was passed, same-sex couples would have the same privileges. “Insured plans in every state will require to offer coverage to same-sex spouses to the extent such plans cover opposite-sex…

    • 559 Words
    • 3 Pages
    Good Essays
  • Good Essays

    It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to that confidence that will be inflicted by today ' s decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year ' s Presidential election, the identity of the loser is perfectly clear. It is the Nation ' s confidence in the judge as an impartial guardian of the rule of law.” Through this statement it is obvious that Justice Stevens believes that the Federal Courts has no place in interfering on state voter laws and that the decision that was made by the majority of US Supreme Court Justices will negatively influence the perception of the Supreme Court. Justice Stevens is supported by Justice Breyer: “…the Court is not acting to vindicate a fundamental constitutional principle, such as the need to protect a basic human liberty. No other strong reason to act is present. Congressional statutes tend to obviate the need. And, above all, in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public ' s confidence in the Court itself. That confidence is a public treasure. It has…

    • 978 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Written around twelve years before his death in 2016, Scalia Dissents provides its readers with carefully selected examples of Justice Scalia’s more scathing and hard-hitting opinions. Its broad selection ranges from topics such as his interpretation of laws, to his stance on the death penalty, religious freedom, and free speech. From the beginning, it attempts to dispel the belief that Scalia served as a conservative “Big Bad Wolf” on the Court by explaining the differences between a political conservative and a judicial conservative, and providing examples on how his reasoning goes against his personal beliefs to stay as true to the constitution as possible. It also defines his process of textualism, a methodology which he uses to interpret the text of the law in a way that is neither too strict, nor too liberal, but sensibly in between (Scalia and Ring 26). The book also shows how Scalia was unwilling to grant special accommodations for religion through the Court, despite him being a devout Catholic, as he sees matters such as those are better fit for the people to decide through their local governments (Scalia and Ring 132).…

    • 1023 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Imagine that you were a Supreme Court justice when the same-sex marriage case (Obergefell v.Hodges) was decided. How would you have voted and why? Now imagine that a case about legalizing polygamy (overturning Reynolds v. United States) comes before the court. How would you vote and why?…

    • 629 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The Supreme Court of the United States was created by the Article Three, Section One of the Constitution and plays an incredibly important role in the balance of power within the United States. To that extent, it’s important to know the judicial philosophies of the judges who sit on the highest court in the United States. These philosophies are responsible for influencing lives of Americans depending on how they are recognized and implemented. It becomes even more imperative to understand with the knowledge that the court itself appoints a new justice, on average of every two years. (Regan, 2015, p. 18) With how influential their cases can be, it’s also important to understand how it can affect the nation as a whole, when those philosophies…

    • 1965 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Political Partisanship

    • 1285 Words
    • 6 Pages

    This is important because while the judicial branch is supposed to uphold the law though judicial neutrality, they also play a big role in policy making. In Robert Dahl’s article, “Decision Making in a Democracy: The Supreme Court as a National Policy-Maker” back in 1957, he discussed this topic in-depth, explaining that, particularly the Supreme Court, has the ability to change legislation or influence Congress’s decision, even in the face of countering a Majority Rule. Brown v Board of Education’s unanimous 9-0 ruling in 1954 is a prime example of this where the judges, many of whom had been appointed by much more conservative Presidents changed public policy regarding segregation in the schools, but through and unanimous vote, also changed the ideology, at least temporarily, of some of the judges. Bernard Schwartz’s article “Chief Justice Earl Warren: Super Chief in Action.” Talks about how the judicial session came to an end before a formal vote was cast, and the vote was 5-4 in favor of desegregation but Chief Justice Vinson, was not ready to overturn Plessy v Ferguson. He died in between the two sessions and Justice Warren was able to talk the 3 remaining dissenters into changing their vote because of the nature of the legislation and his leadership in general. So while partisanship plays a big…

    • 1285 Words
    • 6 Pages
    Good Essays