Spyke

Supreme Court formally asked to overturn landmark same-sex marriage ruling

Ten years after the Supreme Court extended marriage rights to same-sex couples nationwide, the justices this fall will consider for the first time whether to take up a case that explicitly asks them to overturn that decision.

Kim Davis, the former Kentucky county clerk who was jailed for six days in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds, is appealing a $100,000 jury verdict for emotional damages plus $260,000 for attorneys fees.

In a petition for writ of certiorari filed last month, Davis argues First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses.

Supreme Court formally asked to overturn landmark same-sex marriage rulinghttps://abcnews.go.com/Politics/supreme-court-formally-asked-overturn-landmark-same-sex/story?id=124465302Open linkView original on lemmy.world
lemmy.zip

You're not free to enforce your religion on others as a public servant.

277

The trick here is for them to declare which version is correct, then let them fight over it. Catholic? Presbyterian? Mormon? If all of them, I now have 10 wives, drink all day, go to a priest for forgiveness, sacrifice goats in public, etc. Let loose the Kracken.

1

Supreme Court: We're public servants and we're free to enforce our religion on others.

98
prolereply
lemmy.blahaj.zone

Christians can now. Like literally. By royal decree executive order.

6
lemmy.zip

Nope, that EO allows them to pray at work. Still bad, but doesn't apply here.

1

we will see them be hyprocrites when people start denying CHRISTIANS any services, they will make exception to the rules.

4
lemmy.ml

I genuinely do not understand how this was ever a case. You are an employee at an office that provides a service. You are a representative of that organization. And, as a civil service employee, I would expect you are obligated by the laws of that county or state to facilitate the services offered.

Davis, as the Rowan County Clerk in 2015, was the sole authority tasked with issuing marriage licenses on behalf of the government under state law.

ON BEHALF OF

Regardless if you're in this position or you're the president, you are obligated by the state or federal constitution to operate as a representative of that jurisdiction's laws.

If she took on this job while knowing it would conflict with her religious views, or the laws changed in a matter that conflicted with her views, she should have notified the county and she should have been denied or removed from that position. Although, I'm sure that raises a different case in denying someone employment based on their religion.

150
some_guyreply
lemmy.sdf.org

I once asked my mother if it would be ok for a Muslim or Jewish deli employee to refuse to sell her pork. She said they shouldn't be in that job if it conflicted with their religious beliefs. I tried to tie that to this and she sort of shut down rather than argue against it or accept it.

We don't have a relationship anymore. She voted for the shithead every time.

117
0li0lireply
lemmy.world

The deli owner can actually deny service to however they want since it's a private business. They don't have to serve anyone, but it does look fucking bad if/when they discrininate, but technically they can.

Here, that government employee HAS the obligation to follow the law and act regardless of her own beliefs. Maybe she should instead run a deli...

Your example is very good, in fact, it prouves your mother wrong in 2 different ways.

26

There's a big difference between a deli owner and a deli employee. An owner wouldn't choose to even have pork available to sell if they didn't want to sell it. If is it available to sell, and an employee chooses not to sell it because of their religious beliefs, that's definitely a problem, but (as you said) not discrimination, just bad business and the owner should fire them immediately.

13

Better example: a Hindu public servant refuses to approve a license for a cattle abbatoir on religious grounds.

1

That might be due to our morals feeling like a rational thing while they are mostly learned emotional reactions (that we rationalize afterwards). We do not need a society that self-reflects on a level a level where they would understand and thus we do not educate on this self-awareness. And by 'we' i mean the Owner-Class.

12
elucubrareply
sopuli.xyz

I used to shop at a butcher's where a Muslim employee worked. Once, chitchatting I asked him if he didn't have a problem with cutting pork, and he answered that he didn't, he just didn't eat it.

I guess there are degrees of strictness.

11
Ex Nummisreply
lemmy.world

This guy actually knows and adheres to the rules. All those others who refuse to touch it/sell it/... ? Posers hiding behind their convictions. But there is nothing in the Quran about not being allowed to touch pork or sell it.

6
RedFrank24reply
lemmy.world

Technically touching pork breaks your Wudu, but so does farting so it's not a huge deal, you just need to wash your hands afterwards.

4
lemmy.world

I'm horrified that your farting technique necessitates washing your hands afterwards.

1
RedFrank24reply
lemmy.world

It's funnier than that because in one of the hadiths it says, to quote:

"Allah's Messenger (ﷺ) said, "The prayer of a person who does Hadath (passes urine, stool or wind) is not accepted till he performs the ablution." A person from Hadaramout asked Abu Huraira, "What is 'Hadath'?" Abu Huraira replied, " 'Hadath' means the passing of wind.""

"“The Prophet (peace and blessings of Allah be upon him) was asked about a man who felt something during his prayer – should he stop praying? He said, ‘No, not unless you hear a sound or detect an odour.’”"

So if you let out one of those silent farts that don't smell, it doesn't count.

2

We literally made a law that says bartenders and restaurants can't refuse to serve alcohol to pregnant women if they order it. While not based on religion, I feel like this sets a pretty strong precedent.

8
oxjoxreply
lemmy.ml

That's not a comparable situation though. There's no reasonable expectation that those places would sell you pork*. The employee who works there isn't (not) doing anything that conflicts with the business' offerings.

Even if a muslim employee at a barbecue restaurant were to deny a customer a rack of ribs, the restaurant is under no obligation to serve you.

This issue is about a representative of the county rejecting the county's obligations.

*Edit: After re-reading the comment I was replying to, I see it's about a person who is Muslim or Jewish working at a deli, not a person working at a Muslim or Jewish deli. The comparison is closer than I had argued against but still not the same because one is public and one is private.

-9
lemmy.zip

If the place carries pork and a specific employee refused to give it to you ...

That's directly applicable. It's an exact equivalent situation. You're just replacing nouns

2
oxjoxreply
lemmy.ml

It's not at all directly applicable.

There is no constitutional obligation for that employee to sell you pork. They're representing laws that exist to benefit the tax paying public.

A worker at a barbecue is under no legal obligation to sell you pork. They may one under an obligation of their employment but that's a private contract. The shop itself is under no obligation to sell you anything at all.

0

You're getting bogged down in specifics that are not relevant to the metaphor.

A person, who is NOT in a position to determine who/what their employer's organization will or won't serve, is making decisions they lack the authority to do. And if they can't handle the responsibilities of their position, should find new employment.

That's it. You're over-complicating it.

1
atzanteolreply
sh.itjust.works

One of the drawbacks of the first amendment is that the courts can and will bend over backwards the moment somebody says the magic phrase "it is my sincerely held religious belief."

11
jjjalljsreply
ttrpg.network

I don't think religion should be a valid reason for things. If you can't justify the thing without religion, it's probably not a good idea.

"I want to take an hour a day to pray" for example, you can get there with a religious argument. But you can also get there via "people should be entitled to breaks during the day to use as they desire. That's good for them and productivity overall"

10
atzanteolreply
sh.itjust.works

I don’t think religion should be a valid reason for things. If you can’t justify the thing without religion, it’s probably not a good idea.

I 100% agree - however we both live in the real world where it's a very big deal to many people. Telling them to just ignore their deeply held faith is simply not an option.

I'm generally fine with allowing some provisions for religious faith. Time off for holidays, allowing the closing of streets for celebrations, requiring reasonable consideration for dietary needs, etc. But it definitely needs to be balanced with the greater societal good.

In this case, however, this cretin is requiring that she be allowed to simply ignore laws she doesn't like. And that is definitely a bridge too far. So I fully expect the SCOTUS to just rule in her favor.

2
sh.itjust.works

we both live in the real world where it's a very big deal to many people. Telling them to just ignore their deeply held faith is simply not an option.

Definitely citation needed for these being "deeply held" beliefs. These people are just using religion as a cover for their bigotry and have zero qualms about violating the rest of the tenets of their religion. Case in point is Kim Davis having been married four separate times now, while claiming that allowing two men to marry somehow destroys the sanctity of marraige.

4
atzanteolreply
sh.itjust.works

Definitely citation needed for these being “deeply held” beliefs. These people are just using religion as a cover for their bigotry and have zero qualms about violating the rest of the tenets of their religion. Case in point is Kim Davis having been married four separate times now, while claiming that allowing two men to marry somehow destroys the sanctity of marraige.

Professors of ethical philosophy aren't more ethical than other people either. Believing in something and doing things are different.

1
sh.itjust.works

I'm not really sure what you mean here.

In this case we have a woman claiming to have "deeply held religious beliefs" about marriage when it comes to preventing other people from getting married while at the same time having several divorces under her belt. Her actions dont mimic her beliefs when it comes to her own life so they can't be deeply held beliefs. These beliefs only seem to matter when she has no skin in the game by applying them to other people's lives.

This is no different than one of those anti-gay politicians who gets caught blowing dudes in a public restroom. They aren't really their deeply held beliefs they're just lies to give cover to their bigotry as I mentioned previously.

2

I’m not really sure what you mean here.

Hypocrisy doesn't mean one doesn't believe what they believe. People compartmentalize. They carve out exceptions and make excuses. We're pretty judgey about others while accepting our own flaws.

And this is not limited to religion.

1
skulblakareply
sh.itjust.works

It is my sincerely held religious belief that religion has no place in government.

5

My religion forbids traffic lights and speed limits. Also I'm allowed to mess with Texas. Divine mandate supercedes mere mortals laws.

1

MS kimmy have been fighting this for over 10years, lawsuit after lawsuit, plus she likely has financialy backing from right wing groups funding her lawyers. you ponder why they havnt dropped thier pursuit, its her financial backing.

7
ThePantserreply
sh.itjust.works

I get what you are saying and totally agree and if they are the sole decider the person in the position should be 100% neutral. And she should have resigned if they couldn't do the job. You can't expect a devout Hindu to work for a slaughterhouse and process cows.

But on the other hand we have had so many cases where employees have sued and won because an employer was trying to treat their employees equally but they hired the occasional employee demanding extra leeway for religious holidays or prayer time. So this case is pretty important for employers that provide religious exemptions.

But yeah this lady is a piece of shit and needs to lose this case and disappear from the spotlight.

6

Accommodating holidays or time for prayers is very different than accommodating an employee refusing to ever do the test they are paid to do.

9

Yeah. I don't really blame this woman at all. It shouldn't have been her sole responsibility. I would venture to guess though that even the people above her shared her opinions.

2
lemmy.world

Although, I’m sure that raises a different case in denying someone employment based on their religion.

Oh they would for sure sue the state over it, but it would be denying employment based on that person not perform their legal duties.

5

The accommodation the employer needs to make is to put her in a position where her religious values would not interfere with her work.

But given that she likely took the job for the very purpose of forcing her religious values onto her work, she should have a legal obligation to STFU and just do her fucking job. This honestly would be no different if a Buddhist refused to issue conceal carry permits because they believe in non-violence.

If you disagree with the law, you lobby to change the law. Not fucking be the arbiter of the law in your administrative role.

6

The state accommodated her beliefs by removing her from the employment of the agency that handles marriages.

She's free to find another job

2

So what you're saying is I could get myself elected sheriff and then refuse to do the job because I don't believe in it?

3

No. I'm explicitly saying the exact opposite.

1
lemmynsfw.com

I don't think even this Court is going to grant cert. They need to save what's left of their legitimacy to rule on more important emergency docket matters.

3

Thomas had stated a couple years ago that he wanted another go at this decision.

2
feddit.org

In Germany at police officer successfully sought out the Constitutional Court because he was disciplined for not following the order to enter a church as that conflicted his agnostic views.

It is alright to deny something because of your views, the state simply has to facilitate all rights and in this case the county would have to have someone on their payroll to legalise same Sex marriages. That allows the individual clerk to stay true to their believes but also facilitates the rights of those seeking their lawful marriage.

1
oxjoxreply
lemmy.ml

This makes total sense. What's frustrating is that everyone focuses on the religious choice aspect while not asking the real question like why was this one person in charge of the entire county when it was known she had an issue. I'm sure this would lead to a larger investigation to find she wasn't the only one with the issue of marrying a same-sex couple.

Really, the county should be held accountable, not this woman. The county has the obligation to marry same-sex couples. The county staffed one person whom they probably knew would have this issue.

The county should reprimand the woman for not fulfilling her duties as a representative, she should have sued the county for putting her in that position by not hiring someone else, and the couple should have sued the county. I'm not really familiar enough with the case to know how this actually went down.

6

I didn't know this was an elected position. I could see how that complicates the matter.

Still, even if The People elect a person to a publicly held office as a representative of their interests, the elected official is obligated to uphold the law. If they're unable to do so, either the county should have prevented her from taking the position or she should be held accountable for lying. Either way, the county should be facilitating the law to allow same-sex couples to be married.

1

I just had look, but can't seem to find it myself. A law teacher told me about it.

The legal practice however is correct when it comes to those normally employed by the state as would be the case with office clerks. Police officers are in a special employment and therefore forfeit a lot of rights normal employees have. I would however still come to the conclusion that if there's no immediate danger, the state can't force a police officer to enter a church if that goes against his beliefs

2
lemmy.ml

Interracial marriage is on the table too with these fascists.

110
feddit.org

Not just interracial marriage, they don’t want people to be able to become citizens through marriage.

54

Oh that'll stay, it will just become a bit more complicated. Luckily here I have a handy chart you can reference though:

14

The citizens through marriage thing will definitely be allowed - on a case by case basis, and provided they bring benefit to the country.

That benefit, of course, will be eugenic based, and entirely centered around women marrying approved American men.

It's important to remember that everything is based on eugenics and property.

9

The irony of them "defending" US citizenship like it's some holy sacrament reserved for the elite, while, in the process and because of all their actions, the country is imploding into the filthiest fucking piece of shit on the planet that no one will want to touch with a ten foot pole anyways.... Get me the fuck out of here.

4

She can't take half during the divorce if your marriage is deemed illegal, null and void.

11
pulsewidthreply
lemmy.world

Clarence Thomas: this is fine, rules do not apply to me or my white wife Virginia.

4

If they're going to open the door to any government employee being able to refuse to do their job as directed on religious grounds, this country is going to grind to a halt.

Just kidding, we all know that with the current court and administration, this will only allow people with the "right" religion to refuse.

88

An in-group that the law protects but does not bind, and an out-group that the law binds but does not protect. Conservatism in a nutshell.

33

this country is going to grind to a halt

In large part, it's already been on that road for a while. De-industrialization, hyper-financialization, launching a pogrom against migrants, sky high tariffs fucking up the supply chain...

This is one more bail of straw on the camel's overloaded back.

9
lemmy.world

We'll just quickly end up at taxes are against my religion. All hail the Flying Spaghetti Monster!

9

I think the government should be required to give you a receipt when you pay taxes detailing what everything will be spend on.

3
lemmy.zip

Could we just get government out of the marriage game? It seems to be the source of all the problems. They simply shouldn't care.

Even if we don't this is such a simple concept: Marriage is a contract. The requirements for a contract is consenting adults. How can they make gender determine who can sign a contract? That would be unreasonable.

78
jacksilverreply
lemmy.world

I think you're second point is more important. The religious part of marriage is actually meaningless in the eyes of the law even today, you still need to apply for a marriage certificate with the government.

I think we just need to extend that to just be a cohabitation/shared asset contract for any two+ people. It makes a lot of legal sense to have a defined "family unit" for medical/legal/financial reasons, but it shouldn't overlap with religious concepts.

36
elucubrareply
sopuli.xyz

But Jesus said gays bad!

He didn't say anything about love!

Oh, wait...

21
chaogomureply
lemmy.world

I'd disagree here. Jesus was a Rabbi. And Rabbi are usually required to be married.

But the early church was extremely anti-woman.

Mary Magdalene is always portrayed as a whore who just sort of hung around.

But she seems to be more important than that. Especially in the dead sea scrolls.

Paul, or Saul, on the other hand, seems to have been the source of the anti-woman aspects of the early church.

9
lemmy.world

As someone raised in the Baptist faith, but got the hell out, Baptists fucking LOVE Saul/Paul and he's basically 60%+ of their entire schtick. Largely because he was such a staunch stickler of a person. I mean God supposedly made him blind so he'd stop being an asshole.

10

It didn’t work apparently. He just read the writing on the wall and changed his strategy for enacting his loathsome world view.

1
lemmy.world

dead sea scrolls

You are conflating the dead sea scrolls with the Nag Hammadi library. The Dead Sea Scrolls do not contain any Christian texts, only Jewish texts from around the time of Jesus. The Nag Hammadi library contains a number of texts typically described as "gnostic" and some of these include teachings attributed to Mary Magdalene.

7
lemmy.world

i thought jesus was trans though, as parthenogenesis necessitates a female offspring

9
lemmy.world

okay see this is my first problem. that means he would taste great. I've tasted their jesus. jesus is dry and crumbly. i've also tasted ribs. are ribs dry and crumbly?

5

I really don't get the Jesus-as-nasty-dry-cracker shit. If they'd made him into a Little Debbie's zebra cake, I'd still be a churchgoer today.

1
lemmy.world

Of course they are. And of course that stupid bitch Kim Davis is involved.

Also: how could Joe Biden and Kamala Harris do this to us?

72

Also, I'm glad we dodged the bullet of Biden being so old, because something something argle bargle "gerontocracy". As if age is the fucking problem here, LOL. But people are so very easily set against one another over stupid stuff so that elitists like Taco can skip off with all the loot...

6
lemmy.world

Imagine that. A genocide on two million people but gay people can get married! That would be so great!

-35
lemmy.world

The tide on Israel is rapidly turning thanks to Trump being in charge.

Now you know that if you try running a genocidaire again you will not win.

-39
jj4211reply
lemmy.world

Wait, you think Trump is being anti-genocide? The guy who relished the concept of 'Trump Gaza' after they get those pesky Palestinians out of there? Who said explicitly it should be given over to luxury real estate developers instead of Palestinians?

22

Reading is difficult.

Trump turned this into a partisan issue. Suddenly Liberals are willing to oppose genocide because Trump is in favor.

-1

The tide on Israel is rapidly turning thanks to Trump being in charge.

Bahahahahahahahah. Right.

10

Israel is closer to completely the eradication than ever thanks to this administration. Are you dumb? The pedo Dipshit is taking about building a hotel on the stolen land. How so you get "tide is turning" from that?

1
crusa187reply
lemmy.ml

Or, you know, don’t be a genocidal maniac.

-21
chaogomureply
lemmy.world

A Genocidal maniac like Trump.

Trump was openly cheering the genocide well before the election.

14
crusa187reply
lemmy.ml

So what, Biden’s policy was unlimited genocide and so too was Kamala’s.

What would have been super cool and democratic is actually holding a primary election for presidential nominee, after Biden’s brain fully melted. But nope, can’t have democracy in America. We only anoint genocidal maniacs now.

-2

People say that Biden was 100% on board with the genocide. But then people are stupid.

The main issue was that Biden wasn't acting fast enough for the dumbasses who never actually read the articles.

And Harris was not Biden. She was just unwilling to criticize her boss while he was still her boss.

5

Definitely can't let the good get in the way of the perfect. That would be the true tragedy.

3

You did it industrystandard, Gaza is saved! Peace in the Middle East! Hurray!

6

Can this bitch just fucking die already? I'm tired of seeing her face in the news every couple years

67
lemmy.world

Who is the injured party here? She clearly refused to do her job.

64

You don't understand, she was forced to undergo social contact with... shudder GAYS!

31

Injured parties are for legal systems that actually care about the truth.

See several of the recent Supreme Court cases with astroturf plaintiffs and made up defendants.

Because it's super easy to get the ruling you want when no one is on the other side to call bullshit on your claims.

15

I worked in retail and there was this one idiot that ended up getting fired because he couldn't get over his racism. He was moaning about immigrants on Facebook afterwards. He didn't lose his job to immigrants, he lost his job because he was being rude to Asian people who definitely weren't interested in his job, as they almost certainly already had better paying once.

These people are their own worst enemies.

3

Not ”a lot people," literally EVERYBODY has to deal with people they don't like, every single fucking day.

What's with these MAGAs, who are so entitled they think the entire world owes them a life without anything slightly unpleasant crossing their paths, or they will KILL YOU?

3
reddthat.com

Shocked, I tell you! Shocked!

Also, what's going on with the Epstein Files? Ya know, while we're on the subject of "Dead Cat Theory"

51
lemmy.zip

You work for the government, you are acting as the government, paid for by taxes from your constituents.

You do not get to decide which laws to follow. Fuck off Kim.

44

She has no reason to speak of morals when you look at how poorly she practices what she screeches.

9

Can we get someone who believes in Jakub elected as county clerk somewhere in the US South? Then they can deny marriage licenses to all the white people for being inhuman.

34

I can't wait until Clarence Thomas decides in favor of legislation that bans interracial marriages. I can't wait!

Spy magazine back in the early '90s ran a great cartoon captioned "Clarence Thomas greets the morning" which showed him on his front porch bending down to pick up the newspaper next to a negro stable boy lawn statue.

5
lemmy.blahaj.zone

Yooooo.... This bitch is still doing the same, heinous shit? A decade later? Why don't these pieces of shit just get fucking lives or hobbies or something? They're like goddamned ghouls, hanging around and smelling of shit. Like. Fuck. GO AWAY.

34

My reaction as well. I was just fine living out the rest of my life, not having to see that smugshot again. But here we are.

3

Petition the court to allow us to stone her to death because the Bible says so.

16

Fuck. Not this asshole again. She should have faded into obscurity and poverty by now.

28

This is how it goes people, either everyone gets rights or no one gets rights.

They come for the Trans people first, how long until the come for you.

26

Same shit with immigration. First they say they are only going after the violent criminals and "bad hombres". Now they are racially profiling the people they snatch off the street in unmarked vans. Only a matter of time before the pool of "bad actors" expands to the political opposition.

13

"Davis said she's been "called Hitler, I’ve been called [a] hypocrite, I’ve been called a homophobe."

"I’ve been called things and names that I didn’t even say when I was in the world. Those names don’t hurt me," Davis said. "What probably hurt me the worst is when someone tells me that my God does not love me or that my God is not happy with me, that I am a hypocrite of a Christian.""

Lmao, so you don't mind being called Hitler, but being called a fake Christian - now that's insulting! Tells you everything you need to know

18

Depressing as hell but honestly, I’m surprised it took this long.

16
lemmy.world

So could she have refused to serve a black person or an Asian person based on her personal religious views that she doesn't like black or Asian people?

13
lemmy.today

I'd love to see Clarence Thomas go home to his ugly bulldog white wife, and explain that he voted to abolish their marriage, and now that it's an official abomination, she must move out of the house immediately.

3
lemmy.today

That's exactly what they are doing. Now they are starting to justify military intervention against cartels in Mexico because they've designated them as Terrorists, when there is nothing terroristic about them. They are just Criminal Oligarchs, no different than our president and his friends.

1
Frezikreply
lemmy.blahaj.zone

We won't, but for specific, self-serving reasons.

In his opinion for Dobbs, Thomas listed several cases he wants to revisit, including Obergefell. Notably absent was Loving, which is the case that set interracial marriage in stone. Thing is, if you follow his reasoning, Loving should fall to the exact same logic. The fact that he left it out is telling.

3
lemmy.world

I think they'll try everything to push for a supermajority next cycle to just write a new "more christian" constitution, á la Fidesz, even if that requires them to break laws.

1

Fucking knew this was gonna happen.

Everyone should have. It's part of Project 2025 published well ahead of the election.

7

Kid David didn't exercise her free speech, she discriminated.

Edit: Fuck I'm bad at typing. Kim Davis*

11

It would be such a dumb move to reverse a ruling this close to its decision and with such messy consequences for thousands of couples and families, of course they are going to do it.

10
lemmy.world

Can we just take a minute to appreciate how much forehead she has? She could star in the next Coneheads movie!

10

Classic hillbilly genes, caused by generations of pickling their chromosomes in rotgut moonshine.

6

She certainly looks like the type of person that gets upset when other people are having fun. Not very conelike to me unfortunately. Narfle the Garthak!

5

This would then apply to all religions, correct?

She is so messed up. Religious marriage is separate from state licensing of relationships. Religion can discriminate away, but the state serves all its people.

She can't argue she was acting on behalf of the state, and literally says it was based on her personal beliefs how can she then argue she has no personal liability?

I think that firing her would have been the better answer though, if she won't do the job then fire her and hire someone without a conflict.

9

And this Ladys and Gentlr-people is, why LGB without the T is simply shooting in your own foot. First they go for trans people, but republicans will not stop there. They want to see all of the LGBTQ community dead or at least completely stripped of their rights and hiding at home. Just because you fought with the Republicans to make the life for trans people hell that doesn't mean, that you aren't next.

9

The target order seems to be.
Socialists -> immigrants -> other races -> lgbtq+ -> women

Also poor people take priorty over rich people.
Segregate and oppress?

1

This should be a cut and dry case, where a person used the powers given them from their government position to deny civil rights as outlined by the Supreme Court and the Constitution. This was not them doing their government job, nor was it them just NOT doing their job. If it were the former, then there should be no penalty. If the latter, then they should be fired but shouldn't be held liable.

However, this was them exploiting their power to do a job in a discriminatory way. She didn't just not do her job. She specifically did her job for some people and denied others based on her personal feelings. She should be held personally liable for personally choosing to individually discriminate based on personal feelings.

8

The bright side, that even if Alito and Thomas want to revisit just to overturn, according to the article, kavanaugh and Barrett aren't interested in looking at this, hopefully Gorsuch and Roberts feel the same and this case that's turned away

7

kavanaugh and Barrett aren’t interested in looking at this,

You mean exactly like how they both claimed they had no interest in overturning Roe v Wade until all of a sudden: SURPRISE! True colours revealed!

Don't put any faith in their lies.

8
lemmy.world

I can’t imagine a world where they overturn gay marriage. At the same time, which 2 republicans justices would vote to keep it? Roberts was originally in the dissent, but surely he changed his mind. Kavanaugh, Barrett or Gorsuch?

Overturning gay marriage doesn’t seem like as high a priority as overturning roe v wade. So maybe they would choose to not rock the boat.

6
okmkoreply
lemmy.world

There is no figurative boat to the rock anymore. Our laws are based on stare decisis and the highest authority of it is blatantly corrupt.

They can remove any sort of right and face no repercussions beyond strongly worded opinions from Sotomayor and Jackson.

11

I don't think so. It seems like a specific case that creates a guidance for courts to follow US agency's enforcement of a law, and that's no longer the case, but IANAL.

I'm using stare decisis in the general sense in that it's a quality of most western law systems, particularly US - past decisions and higher authorities take precedence.

But what happens when the highest authority makes bad-faith decisions?

3

You forget that, with these people, the hatred is the point. The more they can prevent 'the other' from existing, the sooner their 'perfect' world can take shape.

6

They already overturned Roe v Wade and Thomas has said to bring cases to overturn marriage rights on the basis of race and sexual orientation. I'm a little surprised they aren't also going after the right to work for the LGBT community, since we only just won that right in 2020.

6

It's interesting that some of the cryptobros are using dildos as a protest, since I bet Trollito is still very GRRR ANGRY about people being able to have those and would love to rule on that to allow "states rights" to allow shitty rigged-for-the-right states like Texass to curb human rights again.

1

And the next one is removing rights from women. And up next, slavery 2: Orange Boogaloo...

What the actual fuck America.

6

OP posted the part about personal liability. Here's the part about actual gay marriage:

More fundamentally, she claims the high court's decision in Obergefell v Hodges -- extending marriage rights for same-sex couples under the 14th Amendment's due process protections -- was "egregiously wrong."

"The mistake must be corrected," wrote Davis' attorney Mathew Staver in the petition. He calls Justice Anthony Kennedy's majority opinion in Obergefell "legal fiction."

5

I truly believe all the hate for the LGBTQ+ community in America is they got caught "accidentally" watching LGBTQ+ poern and now they are trying to prove thier true feelings are not real.

Also, any conservative with an eye patch didn't lose it to an "unfortunate" gun incident but a rather a glory hole incident. I went through gun safety as a child, and the 1st , 2nd, and 3rd thing they teach you are to treat all gun as if they are loaded. Don't assume it's unloaded. It's not the John's fault you thought you for ready.

4

That time will come. Fascists always end up the same way, 6ft under. They just like playing with fire

3
lemmy.world

time to look up asylum requirements for me and my husband in the EU lmao.

4

If the christians start a war with us, we know what to do with a brick. We are not afraid, and no one will shove us back into a closet. Maybe christians would like to know how if feels to be bashed, since they are the ones who have historically been the bullies and bashers.

1

We’ll be fine; there will always be a place to go. Thankfully Western Europe fits that description.

1
Horseyreply
lemmy.world

We’d be looking into France as our first choice. My husband doesn’t speak any foreign languages, but I can pass the A2 exam in French (and I’m actively studying to further this).

If France wasn’t an option, the list of first to tertiary choices would be Spain, Portugal, and Italy last (I’m ethnically half Italian with family living there; my grandfather was an Italian immigrant, but Italy doesn’t allow homosexual marriage).

4

I'd be wary of Italy, it's currently governed by actual fascists (or rather "post-fascists").

Like, go to the Wikipedia article of the ruling party "Brothers of Italy", click on the party in the entry " Preceded by", do this twice again and you arrive at Mussolini's Republican Fascist Party.

7

Because naturally, every individual should expect to decide what services the institution they work for does and doesn't offer, along with who they offer them to. That's just frrrdm.

3

If she has such a problem, could she not just ask a coworker to sign on the dotted line?

2
feddit.uk

I feel like this is already been litigated. Anyone can refuse to do anything due to their personal beliefs, but they can't actually stop people from getting the service from someone else.

And I do believe you actually have to have already made the objection prior to your employment, otherwise you're now refusing to do part of your job.

1

Do you want American Civil War II to go hot? Because this is how you get Civil War II to go hot.

0

I'm convinced that's exactly what they want. Or at least, they think that's what they want, I am ll doubtful that a great deal of thought has actually being put into it.

If it actually happened they would be complaining within about 3 days about the lack of food on the shelves and the lack of fuel in gas stations.

4

Who's going to heat it up? The marginalized people who are vehemently anti-gun and pro-talking everything out. Or the people who've been jerking it to rifles for the past 40 years and are just waiting for someone to open fire on?

2