Let's talk about SCOTUS not hearing a marriage case and what it means....

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Belle of the Ranch 4 min 1 speaker 4 chapters transcribed 1 month ago

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What is the Supreme Court case that sparked this discussion?

Belle of the Ranch 0:01

Well, howdy there, internet people, it's Belle again. So today, we're going to talk about SCOTUS Not Hearing a Marriage Case and what it means. So With the backdrop of the budget fight and Trump going to the Supreme Court to deny food to kids. And the deployments and Massey's discharge petition. And all of the other stuff going on. An appeal slowly made its way to the Supreme Court. It was an appeal from none other than Kim Davis, who The former Kentucky Court Clerk who refused to issue marriage licenses after the Supreme Court ruling in Obergafell v. Hodges in twenty fifteen. The appeal was Davis trying to overturn a lower court order that requires her to pay hundreds of thousands in damages and attorney fees to a couple who was denied a marriage license.

Belle of the Ranch 1:00

The Supreme Court refused to hear the appeal and didn't explain their reasoning. That led to this question. Bell.

How did the Kim Davis appeal reach the Supreme Court and why was it denied?

Belle of the Ranch 1:09

Are are we in the clear? Did the Supreme Court just pass on overturning my marriage? Is gay marriage safe? No. I want to answer that as directly and clearly as I can before moving forward. The Supreme Court simply passed on an appeal. This court is openly hostile to a Burgafel V Hodges. Just as a quick recap. The court has changed since the ruling. Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas all dissented. They're all still on the court, but Justice Clarence Thomas has openly called for getting rid of the landmark ruling. Justice Anthony Kennedy, who authored the Obergefell decision and was widely seen as the vote that mattered, retired in twenty eighteen. Conservative Justice Brett Kavanaugh took his spot.

Which current justices could influence the future of same‑sex marriage rulings?

Belle of the Ranch 2:08

Kavanaugh has indicated that the LGBTQIA plus community cannot be treated as social outcasts. But and this is a big but He's also indicated that it's a matter for Congress, not the court. Kavanaugh likely sees the ruling as creating new rights. Justice Ruth Bader Ginsburg was on the court for the original ruling. She was replaced by Justice Amy Coney Barrett. Another conservative thing. And to me, Barrett seems to be almost more opposed to gay marriage than anybody else. But and it's another big but Her legal decisions have leaned toward considering things called concrete reliance interests. In plain English, that's basically the idea that once people started acting on a ruling, it's a bell that can't be unrung.

Belle of the Ranch 3:07

She has plainly said the ruling created that reliance. So, even though she might have a personal belief. Her legal opinion seems to be to keep the ruling in place. The short version here is that Obergefell V Hodges isn't safe. There are more than enough people on the court that have either a personal or legal belief that it should have never been ruled the way it did. Unless you truly believe this court is above being swayed, and You have to consider the ruling at risk and acknowledge that it would simply take the right case argued the right way for it to be in serious jeopardy.

What does Justice Barrett’s “concrete reliance” doctrine mean for Obergefell?

Belle of the Ranch 3:53

This appeal wasn't a good vehicle to go after the rulings. Hopefully we don't see a better one. But make no mistake, there are legal groups out there looking for the perfect case. Anyway. It's just a thought. Y'all have a good day.

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