“Making matters worse, if Trump is elected this year he could veto any congressional attempt to reverse such a disastrous ruling of the Court by passing a law guaranteeing same sex marriage rights.”

  • Scrubbles@poptalk.scrubbles.tech
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    6 months ago

    God I’m tired of this backwards ass country. His entire argument is “Christian snowflakes got their feelings hurt when they were called bigots for being against gay marriage”.

    Maybe because they were bigots for being against gay marriage?

    Sorry their feelings got hurt, so this entire group of people can’t have rights anymore.

    • agegamon@beehaw.org
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      6 months ago

      Personally I am increasingly uncomfortable feeling the “need” to apologize to regressive people about feeling hurt or insulted. They are entirely responsible for their actions.

      They are also not sorry that they are pushing the majority of people (women, LGBTQ+, basically anything non-cis-white-men) into a second class or even subhuman status.

      I realize that most people are only open to changing themselves when their feelings are not threatened and when they’re feeling understood. But what we’re talking about here, I don’t know the right word, but “accidental” or “unintentional” are not part of it. If regressive leaders like trump or desantis or whoever get elected then we’re talking about borderline genocide done on purpose. I don’t see how we can come back to acknowledging the feelings of bigots at that point.

      • detectivemittens@beehaw.org
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        6 months ago

        Yeah, fuck ‘em. Don’t apologize.

        In addition to what you’ve mentioned, don’t forget it’s the same groups of people who want to give guns more rights than women/people of color/LGBTQ+. After reading things like this… you realize you shouldn’t be apologizing because these people don’t give a shit.

      • frog 🐸@beehaw.org
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        6 months ago

        Personally I am increasingly uncomfortable feeling the “need” to apologize to regressive people about feeling hurt or insulted. They are entirely responsible for their actions.

        The “I’m so sorry your feelings are hurt” non-apology is always an option. It sounds like an apology, but it basically means “I’m sorry you suck” rather than apologising for doing something wrong. In most contexts, it’s an asshole thing to do because it’s a refusal to acknowledge that someone has a good reason to be hurt. When dealing with bigots, “I’m sorry you suck” is perhaps the most appropriate response.

      • Scrubbles@poptalk.scrubbles.tech
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        6 months ago

        This country gets more frustrating when you realize that most of the issues we face right now are (at their root) because most americans have no ability to self reflect on themselves.

        Why do I hate X people? Why am I afraid of this? Should I be afraid of this? Why do I feel like I should trust this person instead of that person? Why does this person’s views make me uncomfortable. …why do I feel like I need to have the biggest truck?

        If Americans could self reflect on any of those we would be a very different country.

        • agegamon@beehaw.org
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          6 months ago

          100%. Honestly after growing up borderline right-wing, self-reflection was one of my main tools for personal and political deconstruction. That and good parents. Anyway, very little stood the test of “why am I doing this, and is it what I really want” when I stopped and looked more than 3 feet in front of my own dumb face. That and realizing I’m hopelessly queer lol.

          Of course, self-reflection opens the door to a whole lot more than just politics. I get the sense that, if they started self-reflecting without guidance, the first thing they’d be scrambling for answers about would be why they believe in whatever random religion they were born into. There’s a whole lot of fervent people that are one solid reflection away from crying over a toilet on a Monday at 3AM because they’d accidentally deconstructed their faith and can’t ctrl-z the issue (not a joke, just an observation/personal experience).

          • Scrubbles@poptalk.scrubbles.tech
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            6 months ago

            Yeah when most religion and deeply held beliefs fall apart real quick when the reason for why they’re held is “because my parents believed it”. Younger generations who are still republican usually start to realize they aren’t when asked “why are you republican” and all they can do is spout stuff their parents say. Which is why the best way to help counter their beliefs isn’t to say “it’s stupid” or “you’re wrong”, but to instead keep asking questions. “Why do you think that?” “Why do you think marriage should only be between a man and a woman?” “Why do you believe the bible claims that?” Keep asking whys and maybe they’ll start thinking

      • Scrubbles@poptalk.scrubbles.tech
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        6 months ago

        I think it more proves that no matter what founding fathers or any noble people come up with, there will always be people who corrupt those noble goals and twist them. Supreme Court was supposed to be uncorruptible. They get their position for life so they never have to worry about reelections, just do what is right for the country.

        Founding fathers never thought the nominations would be bastardized around elections, or that bribery would sway judges so high up. Power always corrupts

        • The_Sasswagon@beehaw.org
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          6 months ago

          Interestingly the supreme Court has always been super political, dating back to the early 1800s when they were just some dudes riding horses around the country to make appeals decisions and then meeting in some random building in New York.

          Check out the way, especially early on, Congress would pack the courts and cut seats when they didn’t politically align with presidents. They did this because the court was making partisan political decisions and they didn’t want the president to be able to dictate who was making those political decisions.

          Or in the early 1810s when the court mysteriously started supporting business interests in pretty blatant ways.

          The way they differ today is that they have more sway (sometimes people would just ignore rulings) and there’s no legislation being done by Congress to actually shape law, so the supreme Court is doing all the legislating for them.

          Look up the Throughline podcast from NPR if you’re a podcast person, they have done a couple very potable episodes on the supreme court. One on how they came to be this way, and the other on the shadow docket (which is integral to how they came to be this way).

  • bedrooms@kbin.social
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    6 months ago

    I’m from Japan. They don’t even have judges as corrupt as SCOTUS and still don’t allow same sex marriage because the ruling party is conservative. Well, the court ruled it’s unconstitutional, but we learned that a law in this country can stay unconstitutional if the government ignores the situation. And apparently 90% of the people (at least on the internet) support that because they are conservative.

    Makes me realize how broken my country is. It doesn’t even count as corruption because it’s lawful. Fucking hell…

    • The Doctor@beehaw.org
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      6 months ago

      Fewer and fewer USians are capable of even considering the possibility that their government might say one thing but consistently do something else.

  • Gaywallet (they/it)@beehaw.orgM
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    6 months ago

    They’re not wrong, but the title feels sensationalized. Alito and Thomas have talked about Obergefell in a half dozen rulings since Roe v. Wade (including Roe v. Wade) and none of this information is new. They aren’t ‘preparing’ so much as they have been prepared, for some time now.

  • Shdwdrgn@mander.xyz
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    6 months ago

    Any judge who makes a ruling based on their personal beliefs rather than on factual evidence is not truly acting as a judge, but rather as a petulant child determined to force everyone else to do things their way. Allowing even a single ruling of law to be based on personal beliefs, whether religious or otherwise, reduces the entire court system to nothing more than a mockery of legal justice.

    • HalJor@beehaw.org
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      6 months ago

      You just described most of the major SCOTUS rulings over the last couple of decades, at least.

    • verdare [he/him]@beehaw.org
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      6 months ago

      A judge can’t make rulings solely based on facts, because facts cannot provide a foundation for ethics. Facts can only tell you the way things are, not the way they should be. Rulings should be informed by facts and based on the values of society as a whole.

      I agree that they shouldn’t be based on the judge’s personal beliefs. I suppose our judicial system kind of makes this inevitable, though…

  • ExpensiveConstant@kbin.social
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    6 months ago

    Not saying they won’t do what the title suggests but I feel like the article itself takes a pretty big leap from the quotes used to the headline. Alito’s comments seem to be more focused on governmental discrimination based on religious beliefs than on attacking the legality of same sex marriage

  • MangoKangaroo@beehaw.org
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    6 months ago

    Question because my reading comprehension is bad: would this kill same-sex marriage nationwide, or would it just allow red states to say they won’t recognize it? Not to say the latter isn’t bad, I’m just curious if this would fuck over my ability to even get married in, say, Washington or Oregon.

    • davehtaylor@beehaw.org
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      6 months ago

      Yeah, it essentially makes it a state issue, and each state can ban, or not, and choose to recognize marriages from other states, or not. So if you got married in Washington that might allow same-sex marriage and respect marriages from other states, and then you move to e.g. Tennessee that banned it and didn’t recognize out of state marriages, your marriage essentially wouldn’t exist there. I also imagine for the case of emergencies and whatnot, if you were traveling through such a state, you wouldn’t be recognized as spouses, making it literally a life or death issue for travel.

      It’s very, very bad.

      • agegamon@beehaw.org
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        6 months ago

        Holy shit, I didn’t draw up the situation of travelling while married as a problem but you’re absolutely right. It’s already getting extremely tricky to figure out what places are OK or no-go for trans and NB people, this is just going to make things so much more fucking worse.

        Atlanta for example is a massive air travel hub. What if Georgia doesn’t uphold same-sex marriage? What about international travellers who are married abroad?

        JFC. These idiots.

        • blindsight@beehaw.org
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          6 months ago

          Shows how sheltered I am, but it never occurred to be that same-sex couples from other countries might have trouble traveling in the US because of this. I just thought of this as an American problem.

          That said, I started boycotting tourism to the United States in the Bush administration and haven’t been back since. My passport even expired over a decade ago.

      • NaN@lemmy.sdf.org
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        6 months ago

        Current federal law requires states to recognize all marriages, including same-sex marriages, from other states but does not require them to issue licenses within their state. The previous Supreme Court had determined the constitution required states to do so, but that could be overturned. They could also decide the federal law is unconstitutional, but that is less likely.

        • The Doctor@beehaw.org
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          6 months ago

          Which drives prices in those states down.

          Which makes them attractive to new businesses, and existing businesses expanding.

          Which means they’ll start trickling into those now-cheap red states.

          Which means that folks who need jobs will have to start at least considering moving to and living in those states.

          The only thing that abhors a vacuum more strongly than Nature is Money.

  • acastcandream@beehaw.org
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    6 months ago

    “Making matters worse, if Trump is elected this year he could veto any congressional attempt to reverse such a disastrous ruling of the Court by passing a law guaranteeing same sex marriage rights.”

    Call me crazy and naive but there is a small part of me that thinks the democrats can peel off enough republicans to make that happen. There are a lot of pink districts/states with GOP in their seats that would instantly lose their next election if they did that.

    • davehtaylor@beehaw.org
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      6 months ago

      LMAO no. They absolutely cannot. The Repubs have basically deadlocked Congress now in their ideological war. Dems won’t get any Repubs to join. But it’s moot because Dems won’t even bother. Even if they had a supermajority trifecta, they’d still kowtow and refuse to pass a bill without bipartisan support (like they always do). And we even have examples already. Congress knew for over a month that Roe was about to fall and did literally nothing to stop it. And in the time since, Dems haven’t said a single word about it or done anything to codify reproductive rights at the federal level.

      • thedevisinthedetails@programming.dev
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        6 months ago

        The dems haven’t had a supermajority trifecta in over a decade and even that was just a few months and included a few independents. They passed massive legislation in this short time too. So it’s time to get over it and learn how our government has worked at every other moment in time.

    • NaN@lemmy.sdf.org
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      6 months ago

      The law will not, however, require states to issue marriage licenses contrary to state laws.

      That legislation ensures the federal government recognizes it and requires states to recognize marriages from other states. It does not prevent a state from banning it within that state. (Really shitty that NBC doesn’t link to the actual text so people can read it themselves)

    • Themadbeagle@lemm.ee
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      6 months ago

      If you read the article it does not mean states will have to issue licenses to same sex couples in their own state, just, from my understanding, honor ones issued in states where it is legal (which while Obergefell stands is all of them). It is also important to note that the Supreme Court had the power to overturn legislation if it deems it unconditional, so, while it would be hard for them to outright overturn this bill using the constitution, since a state cannot hold religious preference due to seperation of church and state, it cannot be ruled out entirely. I feel it is likely they rule in favor of an individual, such as a county clerk, not having to issue a marriage license if it “goes against their religious beliefs”, which could basically mean a ban for large areas of some states with highly religious conservatives.

      • Exocrinous@lemm.ee
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        6 months ago

        I keep saying we gotta fight these laws through the power of malicious compliance.

        Get a job as a clerk with the department of marriages. Say “I’m an atheist, and I don’t believe in marriage as in my mind it has a religious character.” Sue the state for 10 years salary for firing you.

        It’s the same as those Florida laws. Sue your kids’ school for referring to your child with a gendered pronoun. Sue the library for stocking the Bible. Establish precedent that these laws go both ways. It’s the same stuff the Satanic Temple has been doing for years.

      • habitualcynic@lemmy.ml
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        6 months ago

        Got it! Poor wording on my part, I was more thinking that the interstate guarantee was protected. It’s disgraceful that this “court” even exists and this even had to be a thing.

  • ExpensiveConstant@kbin.social
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    6 months ago

    Not saying they won’t do what the title suggests but I feel like the article itself takes a pretty big leap from the quotes used to the headline. Alito’s comments seem to be more focused on governmental discrimination based on religious beliefs than on attacking the legality of same sex marriage