There is Common Ground in this state that the u. S. Constitution does not directly address samesex marriage which means to turn to the question substantive due process. The right being asserted is objectively deeply rooted in this nations history and tradition and puts it in the concept of the words liberty, such that you can conceive of liberty and justice about it. Samesex marriage doesnt have the deep root. What do you do about the fact that one could have said the same thing about lawrence . Well, with respect to lawrence, the Lawrence Court didnt directly address that analysis. This court has repeatedly applied the analysis and recognizes the continuing way that youre supposed to analyze due process both in the u. S. Citizen Association Case and lawrence, this court has continued to apply glovesburg has recognized as that as the relevant standard. Lawrence doesnt override or reverse all of the cases before it simply by not mentioning it. So this court is still bound about it and b
D out theto them, lai facts, treated the people like ,dults, got his agenda through and he is in for a very tough fight again this year. The media is out to get him. The long knives are out. If you can win for the third time in wisconsin, he should at least get a look from our side heading into 2016. [applause] he looks great kicking off the summit a year ago. Lots of us were here. As we wrap up the panel, we catherine hamm, James Goldman and guy benson, and as the rookie, katie, we want to initiate you. I hope we have the slide. Thanks. Back up [applause] [captioning performed by national captioning institute] [captions Copyright National cable satellite corp. 2014] houseing up next, White Press Secretary josh earnest briefing reporters on the situation in iraq. And then the court of appeals hears oral arguments on the samesex average band marriage ban in michigan. After that, a debate in the Virginia Senate race. On the next washington journal, the latest on u. S. Military strike on
It is the renaming of a post office. You dont want to talk about your record in the congress when it comes to protecting the elderly because you were one of the very few democrats to vote to nund mine Social Security by raising the retirement age and reducing the cost of living adjustment. This is an example of the way, colleen, you have been operating which is to try to talk about every single thing that you can come up with except your record in the congress and except my record in the senate. Brian, ill talk to you any day about my record especially in the areas where it comes to preserving jobs and creating jobs. Lets be also very clear about your problem. You keep saying i opposed this governor. He never did. Brian, i read every single testimony that was given and you never opposed the governor. You actually stood with him. I cant bring my picture in here, but people remember my picture and you said we have to do hard things. The bottom line is, you are always willing to balance t
Well, i think the court by citing loving in windsor thinks that there is not much difference between marriage by a samesex couple and marriage by an interracial couple. They didnt decide the case but they cited it. The trend is certainly in that direction. I think the court its different from saying what loving stands for. Isnt the answer to my question about what happened in 1968 pretty obvious because we have baker in 1973. I think that lawrence, excuse me, that Justice Kennedy tells us something about how the court may be viewing these cases. I think what he is saying and i think you see it in lawrence and you see it in windsor. The court is saying that back decades ago, certain practices were accepted. Now we understand more about these things and we now understand that these are now going to be framed as discriminatory. We didnt know anything about samesex couples back at the at the time of loving. These were hiding because their conduct was criminalized. I think to say that this
Decide what it is and who gets to decide on two issues and whether a District Court can disregard a directly on Point Holding by the United States Supreme Court namely baker versus nation and whether term rights whether there will be a new right whether it should be done through the amendment process or courts on the due process doctrine. So theres Common Ground on this case, but the u. S. Constitution doesnt directly address samesex marriage, seems to turn to the subject of due process. The relevant test is is whether or not the right thats being asserted is objectively, deeply rooted in this nations history and tradition. And implicit in the concept of liberty such that you cant conceive of liberty or Justice Without it and samesex marriage does not have that necessary historical deep root. Its something what do you say about the fact that one could have said the same thing about lawrence . Well, with respect to lawrence, the Lawrence Court has not directly addressed it but something