Page 174 - Due Process Clause News Today

How is that addressed in this? i know you sort of touched on it earlier -- we hear a lot of cheers to my right, a human rights campaign a lot of cheering going on and celebrating going on because this is a day gay rights advocates had been hoping for. but lets go back to this other argument that this should be left up to the democratic process, not to the courts. >> justice kennedy says we have the constitution we have the equal protection clause, the due process clause of the 14th amendment, th...

This was the first time, we were asking the courts to do something theyd never done before. >> of course. >> which is to hold that the federal constitution equal protection clause and due process clause protects gay and lesbian citizens from being discriminated against in terms of the right to marry the person they love. >> ted, i want to ask you about the men and women you fought for in court. paul, jeff, chris, sandy. you write in the book, these individuals would be the public faces of the ca...

One is the freedom to marry claim, which is under the due process clause of the 14th amendment. the other is an equal protection claim, which says there has to be equal treatment, regardless of what entitlement is on the table for same-sex couples as for opposite-sex couples. so the range of options that we have with those claims are, usually people frame it as 0 to 50. its either no states or all 50 states. but there are actually three options in the middle. and i think that the court is most l...

Pathetic. does that imbalance in the politics here, does the fact that the spokesperson on the right on this issue is maybe gary bauer and the spokesperson on the left of this issue is the leading legal likes of both the republican and democratic party. does that imbalance, politically, affect expectations for how the court is going to hear and rule on this case? and should it? joining us now is kengy osheena, the chief justice of constitution until law at nyu law school. hell be in the courtroo...

Does that imbalance in the politics here, does the fact that the spokesperson on the right on this issue is maybe gary bauer and the spokesperson on the left of this issue is the leading legal likes of both the republican and democratic party. does that imbalance, politically, affect expectations for how the court is going to hear and rule on this case? and should it? joining us now is kengy osheena, the chief justice of constitution until law at nyu law school. hell be in the courtroom tomorrow...

Will the supreme court find this particular section of the defense of marriage act unconstitutional? >> i think that they will, and you have to go back and look at two separate cases and justice kennedy and one was in lawrence and one was in texas. he sets up the language literally writes it into the case law and says, for all intents and purposes the due process clause must apply to all people. you cannot discriminate against people. he did not talk about marriage in that case, but he did write...

This is an astounding moment in american history and in the march of rights that began in philadelphia in the last quarter of the 18th century and continues through this first quarter of the 21st. is it constitutional for a state to deny people of the same sex the right to marry under the law? well, lets consider the 14th amendment. nor shall any state deprive any person of life, liberty, or property without due process of law nor deny to any person within its jurisdiction the equal protections ...

Is it constitutional for a state to deny people of the same sex the right to marry under the law? well, lets consider the 14th amendment. nor shall any state deprive any person of life, liberty, or property without due process of law nor deny to any person within its jurisdiction the equal protections of the laws. and here is justice kennedy, anthony kennedy, in his majority opinion in the lawrence case of 2003 which declared anti-sodomy laws unconstitutional. quote, does a statute making it a c...

>> the highest court in the land where the issues that decide america are decided. my exclusive on piers morgan tonight. good evening. its not often a supreme court justice sits down outside the court itself. i am here in washington it interview the longest serving justice, ant 99 scalia. they never comment on cases that are pending. everything from his faith and family to his guiding judicial principals and thoughts on campaign finance and politics and his colleagues. its all on the t...

the right to choose. >> that was used in roe vs. wade. it is a theory is a lie. >> the highest court in the land where the issues that decide america are decided. my exclusive on piers morgan tonight. good evening. its not often a supreme court justice sits down outside the court itself. i am here in washington it interview the longest serving justice, ant 99 scalia. they never comment on cases that are pending. everything from his faith and family to his guiding judicial principals an...