1. As Solicitor General, you would be charged with defending the Defense of Marriage Act. That law, as you may know, was enacted by overwhelming majorities of both houses of Congress (85-14 in the Senate and 342-67 in the House) in 1996 and signed into law by President Clinton.
a. Given your rhetoric about the Don’t Ask, Don’t Tell policy—you called it “a profound wrong—a moral injustice of the first order”—let me ask this basic question: Do you believe that there is a federal constitutional right to samesex marriage?
Answer: There is no federal constitutional right to same-sex marriage.
b. Have you ever expressed your opinion whether the federal Constitution should be read to confer a right to same-sex marriage? If so, please provide details.
Answer: I do not recall ever expressing an opinion on this question.
Emphasis added. Of course, there was no right to constitutional right to same-sex marriage right up until last week when Kagan joined four other justices on the court in creating one. Appropriately enough, your opinion of whether or not Kagan lied to Congress in her confirmation hearings depends on what the meaning of 'is' is.
You may recall Brendan Eich. The cofounder and CEO of Mozilla was dismissed from his company in 2014 when it was discovered that, six years earlier, he had donated $1,000 to California’s Proposition 8 campaign. That ballot initiative, limiting marriage to one man and one woman, passed with a larger percentage of the vote in California than Barack Obama received nationally in 2012. No one who knew Eich accused him of treating his gay coworkers badly—by all accounts he was kind and generous to his colleagues.
June, for conservatives, has been of late the “cruelest month” at the Supreme Court, as the decisions finally roll forth. Many expect—with a combination of apprehension and resignation—that in the critical case of Obergefell v. Hodges, Justice Anthony Kennedy will furnish the fifth vote for installing same-sex marriage as a constitutional right.
Had Jeremiah Wright’s antics not forced Barack Obama to expound famously on race in 2008, the most significant speech of his short Senate tenure would have been his 2006 remarks on religion and democracy. Appearing before Call to Renewal’s conference on “Building a Covenant for a New America,” Obama urged Christian activists and Democratic voters to reconsider the relationship between church and state. Mankind may have grappled with our dueling obligations to Caesar and
On May 22, Ireland became the first country in the world to legalize same-sex marriage through popular referendum, with 62 percent of the electorate supporting the constitutional change. The reported reactions, as you might expect, were overwhelmingly positive.
Over the last few years, the gay marriage movement has transformed from "equality for all" to "bake me a cake." As it picks up steam, the movement looks more and more totalitarian, both at home and abroad.
The most notable exchange during the argument last month in the same-sex marriage case before the Supreme Court, Obergefell v. Hodges, likely occurred between Justice Samuel Alito and Solicitor General Donald Verrilli.
As federal, state, and local governments continue to expand their laws and regulations regarding gender identity, conflicts over religious objections are sure to grow. Judging by an item on the website of the Department of Health and Human Services, one flash point could well be foster parenting.
When arguing before the Supreme Court, a lawyer normally takes pains to convince the Justices that ruling in his or her favor in that particular case would not have dramatic consequences elsewhere. In Hobby Lobby, for example, Paul Clement urged that exempting his clients from part of HHS's contraceptive mandate would not open the doors to a flood of other exemptions. Or in DC v.
Hillary Clinton opposed same-sex marriage until 2013, but as late as 2014 she suggested that marriage laws still ought to be determined by the states. Talking Points Memo's Sahil Kapur reports today that Clinton, who graduated from law school 42 years ago, has somehow discovered in 2015 that the U.S. Constitution establishes a right to same-sex marriage:
Let us now praise famous men, or at least one good federal judge, as some recent work of his demonstrates. Jeffrey Sutton is this judge, and he sits on the U.S. Court of Appeals for the Sixth Circuit, which includes the states of Michigan, Ohio, Kentucky, and Tennessee. Earlier this month he announced an opinion for his court in DeBoer v.