Wednesday, August 20, 2014

Supreme Court blocks same-sex marriages in Virginia

Gay marriage VirginiaWASHINGTON — The Supreme Court blocked gay and lesbian couples from marrying in Virginia Wednesday as it edges closer to deciding whether same-sex marriage should be legalized nationwide.
The ruling puts on hold a federal appeals court's verdict last month striking down the state's ban on gay marriage. That case, like others that ended similarly in Utah and Oklahoma, is being appealed to the Supreme Court.
While nearly all federal and state courts have ruled in favor of same-sex marriage since the high court issued two landmark decisions in June 2013, judges have blocked nearly all such marriages while the cases are appealed. The justices had stepped in once before, in Utah, to do just that.
If the court declines to hear the Virginia appeal, the stay would be lifted and couples could begin getting married. Otherwise, those marriages would have to wait until the case is ultimately decided.
"The Supreme Court is making clear, as it already did in the Utah marriage case, that it believes a dignified process is better than disorder," said Byron Babione, senior counsel at Alliance Defending Freedom, which represents the Virginia court clerk opposed to same-sex marriage.

In six states — Arkansas, Colorado, Indiana, Michigan, Utah and Wisconsin — several thousand couples married before the process was interrupted by judges' subsequent rulings. That leaves those marriages in legal limbo.

Court rules in favor of for-profit corporations, but how broadly? In Plain English

Justice Ginsburg with dissent in Hobby Lobby. (Art Lien)In a deeply divisive case pitting advocates of religious liberty against women’s right’s groups, the Supreme Court said today that two for profit corporations with sincerely held religious beliefs do not have to provide a full range of contraceptives at no cost to their employees pursuant to the Affordable Care Act.
In a 5-4 opinion written by Justice Samuel Alito the court held that as applied to closely held corporations the Health and Human Services regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act. Alito was joined by Chief Justice John Roberts, Justice Antonin Scalia and Justice Clarence Thomas. Justice Anthony Kennedy filed a concurring opinion.
The decision is a victory for the Green family that owns Hobby Lobby, an arts and crafts chain, and the Hahns who own Conestoga, a cabinet making company, who had challenged the so called contraceptive mandate saying it forced them to either violate their faith or pay ruinous fines. They object specifically to four of the drugs and devices at issue because they say they have the potential to destroy an embryo. The government defended the provision as an essential part of health care coverage for women.


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