Transcripts For WHYY PBS NewsHour 20141006 : vimarsana.com

WHYY PBS NewsHour October 6, 2014

I do know that when you go out there and you suit up, every time you suit up could be your last time. I say, yeah, i know that, but i say, its not something you think about and even when you do think about it, you dismiss it because those types of thoughts make you second guess yourself. Ifill those are some of the stories were covering on tonights pbs newshour. Major funding for the pbs newshour has been provided by moving our economy for 160 years. Bnsf, the engine that connects us. And the william and flora hewlett foundation, helping people build immeasurably better lives. And with the ongoing support of these institutions and. This program was made possible by the corporation for public broadcasting. And by contributions to your pbs station from viewers like you. Thank you. Ifill the Supreme Court opened for Business Today and immediately ruled out a major decision on gay marriage. Instead, without comment, the justices refused to hear cases from five states. Within hours, samesex weddings were under way in virginia, with the path now clear for ceremonies to begin in the other states as well. I declare you married. Ifill for gay couples in utah, who married in a 17day window of legality last december, the high courts move came as a happy surprise. It means my marriage is going to be legal and my second parent adoption for my son can go through. I think what it also means is it will be very difficult to put the toothpaste back in the tube if anybody decides to try to deny rights which they shouldnt under the constitution. Ifill the courts action immediately allowed weddings in five states virginia, indiana, wisconsin, oklahoma and utah. All had appealed Lower Court Rulings against gay marriage bans. Six other states are bound by those same rulings, and couples there will ultimately be able to marry as well. Theyll join 19 other states and the District Of Columbia where gay marriage is already legal. Utah governor gary herbert said today hes still opposed, but the fight is essentially is over. I do personally believe it is a state right issue. I believe that in the past and believe it today. But people have different points of view and opinions. But right now its a matter of standing down so theres no more expense. The road to legalizing gay marriage has been a long one, from civil unions to actual marriages, starting in massachusetts in 2004. That evolution came amid a sea change in public opinion. Polling in 1996 showed an upward tick in support for samesex marriage, and for the past four years its been over 50 percent. Two years ago, president obama weighed in. At a certain point, ive just concluded that for me personally, it is important for me to go ahead and affirm that i think samesex couples should be able to get married. And last year, gay rights advocates celebrated as the Supreme Court struck down part of the federal defense of marriage act. Well get a full analysis of the impact of todays Supreme Court action, including voices on either side of the gay marriage question right after the news summary. In other news, three neuroscientists will share this years nobel prize for medicine for work that could lead to advances in diagnosing alzheimers disease. Britishamerican john okeefe and two norwegians, edvard and maybritt moser, discovered a kind of inner g. P. S. System that helps humans orient themselves. Edvard moser spoke today in germany, where he was traveling. We are just trying to figure out how the brain works and that is extremely important on a more long term prospective because if you find the basic principles that control how the brain operates, we will be able to, in the long term, to treat every kind, all kinds of neurological and psychiatric diseases. Ifill the three Nobel Laureates will share the prize of about 1. 1 million. In syria, Islamic State forces pressed even closer to a key kurdish town near the turkish border. Fighting raged around kobani all through the weekend, with the militants blasting away with artillery and mortars. Today, plumes of smoke rose from shell hits, and black Islamic State flags appeared on hilltops and buildings on the eastern side of the town. Kurdish forces said they still hold the citys center. The protests that gridlocked downtown hong kong appeared to wane today, and the city returned to work. Prodemocracy demonstrators numbered only a few hundred. And, theyd pulled back barricades blocking the Main Business district. In a televised statement today, hong kong leader leung chun ying, urged the remaining protesters to go home. translated there are lots of teenagers and students with passion who love hong kong who are taking part in various gatherings. However, some of them are aggressive and use violence. The police will firmly take enforcement action against those who use violence. Talks have begun between the government and activists, but some protest leaders are vowing to stand their ground until demands for fully free elections are met. A president ial runoff campaign kicked off today in brazil, where latin americas largest economy has been stagnating. Leftist incumbent Dilma Rousseff is seeking a second term. She won 42 in sundays first round. Challenger aecio neves is a pro business candidate who surged late in the campaign, and won 34 . Struggling tech giant Hewlett Packard confirmed today, it plans to split into two companies. H. P. Will separate its computer and printer businesses into one, while the other focuses on technology services, including data storage and software. Like other p. C. Makers, h. P. Has labored to keep pace as customers shift to smart phones and tablets, and away from desk and laptops. Wall street started the week on a down note, amid uncertainty about interest rates. The Dow Jones Industrial average lost more than 17 points to close below 16,992; the nasdaq fell more than 20 points to close at 4,454; and the s p 500 shed three, to finish at 1,964. And a death of note in the entertainment world. Dancer, actor and choreographer Geoffrey Holder passed away sunday in new york. At sixsix, he cut a striking figure on stage and screen. In 1975, he won tony awards for directing and designing the costumes for the wiz, an all black update of the wizard of oz. He also played a james bond villain in live and let die. Along the way, a tv commercial gave him an even higher profile. For an equal refreshment, the u. N. s the one. 7up, the uncola. Ahh. Ifill Geoffrey Holder was 84yearsold. Still to come on the newshour. Is it a new day for samesex marriage in america . A spotlight on efforts to contain ebola at home and abroad. When head injuries turn deadly in high school football. A bestselling author on bringing magic to life. And remembering Lady Bird Johnsons historic whistlestop tour through the south. Ifill we return now to the Supreme Courts decision not to take up samesex marriage. With marcia coyle of the national law journal. Good day today at the court. Very interesting, gwen. Ifill was it a surprise to you . Yes, conventional wisdom from, quote, scholars, litigators, said the court was ready, it was going to take one of the cases it had pending. We dont really know why they didnt. When a court issues a decision not to hear a case as today, it generally doesnt comment unless theres a december sent from that decision. So we dont know what went on in the minds of the justices, and were also told with these kinds of decisions not to read too much into them. But that didnt stop speculation today. Ifill does it settle or unsettle things . There are speculation as to why the judges did what they did. I think there are two schools of thought. First, the three Appellate Courts that have ruled thus far have struck down bans states enacted. Justice ginsburg suggested this summer the court may want to tila tequila theres a ruling upholding the state ban creating a split among the circuits and giving the justices benefits of full reasoning on both decisions. Were waiting for rules out of the sixth circuit which may very well provide that conflict. And in the second score may be a little more strategic inside the court and goes back to the 2013 ruling when a 54 court struck down the definition of marriage in the defense of marriage act. The four were the most conservative members. It may be when they went into conference on the new petitions of samesex marriage that those four did not see a sixth vote to go their way to uphold states rights. Ifill wouldnt it just have taken one of them . Yes, but they have to look down the road. If they grant review, whats the point if they cant get the vote for the majority and might instead take a case that could result in a Broad National ruin that they dont want. Ifill in the 4t 4th circuit, virginia, indiana and wisconsin, we already saw some marriages begin today in. The 4th circuit, youre right, it is virginia, but also covers North Carolina, West Virginia and maryland. Maryland already has legal samesex marriages. Almost immediately after the decision not to hear the case, the 4th circuit, the federal appellate court, lifted issued its mandate, its decision marriages could go forward. We also saw motions made for the North Carolina and West Virginia cases to allow samesex marriages to go forward. Were seeing the same thing happen in the tenth circuit which had only two states before it at the time, utah and oklahoma. The other states that are within the tenth circuit, as well as the states that are within the seventh circuit that ruled in indiana and wisconsin, those federal courts are bound by the decisions of the federal Appellate Courts so we can probably see samesex marriages go forward in those states as well. Thats how we get from the five states the courts dealt with today, the Supreme Court, to the 11 states that are likely to allow smearnls going forward. Ifill added to that 19 more states who havent been challenged and theyre talking about a majority of the states and district of column. 30 states and the District Of Columbia. Ifill we resist ading too much of the tea leaves here but i wonder if you see signs based on your understanding of the way the court operates between what we saw last year of the defense of marriage act and their stepping away at least for now of these cases that the court is, i dont know, paying attention to the popular opinion . It may well be that it sees the trend in the lower federal courts that these bans are falling and doesnt see any urgency right now to step in, allow more states to deal with the more federal courts and states to deal with the issue. There are cases still coming up that we will probably see at the Supreme Court and, at that point, well have to see what the court does. It may be ready or may not to step in again. Ifill always potential for prize. Marcia coyle, thank you very much. Ifill we turn now to advocates on both sides of the issue. Evan wolfson, president of the Gay Rights Group freedom to marry, joins us from new york. And, Austin Nimocks is senior counsel for the center for marriage and family with the Alliance Defending freedom and he joins us in studio. Well come to you both. Evan wolfson, is this a watershed moment in a good way . It is unquestionably a watershed moment for the country. Already, couples are getting married in five more states, actually six with colorado following the lead. As marcia just said, we now have brought the freedom to marry effectively to 30 states, covering 60 of th the American People living in a state with the 23r50e78 to marry. Its a signal to the lower courts and other courts and states saying there is no reason for denying the freedom to marry any longer and they should move forward. At the same time, though a glass 50 full is better than the alternative, 20 states, people are being discriminated against, still harmed and its time for the country to come together in National Resolution for the freedom to marry. Ifill first, Austin Nimocks, what we heard today, i still believe what i believe but its not worth defending this anymore. There are still 20 states out there, litigation across the country, four federal circuits not chimed, in the fifth, sixth eighth and eleventh. So were a long way from having any form of National Resolution on this question. Americans are going to continue to debate this regardless of what the Supreme Court does or does not do and if we are going to step forward as a nation, i think its important that this question be answered by americans and not be impose bid judicial fiat. Thats the most important thing about todays decision is we have judges making decisions on questions americans are perfectly capable of answering. Ifill would you have felt it if the court had ruled the other way . Absolutely because the court would be reviewing cases where federal courts had imposed their will against the will of the people, and the people are mature enough and understand enough to debate questions about marriage and make decisions. Do we not care about mothers and fathers. The American People have indeed been talking about who gay couples are and why marriage matters and the love and commitment in these families, and have come out in favor to have the freedom to marry. 59 of the American People support freedom to marry. We did a poll last week in utah, the reddest of red states and showed a plurality, 49 , favoring freedom to marry. The courts are following where the people are, but we have a constitution that says knot everything should be put up to a vote, and it matters to couples who are being denied day to day. They dont have time to wait for some unanimous vote of everybody to treat them the same under the one constitution that protects all of us. Ifill there are other shoes to drop, is that what youre counting on . Yes, theres lot left to happen. You have the four circuits in 20 states continuing to debate the issue and litigate it in the courts. There are federal courts that have ruled in favor of marriage, the eighth circuit ruled in favor of marriage, a louisiana judge ruled in feafer of marriage. Weve courts in tennessee and mississippi rule in favor of marriage. Ifill does it feel at all like theres a sense of inevitability kicking in here . The only thing inevitable, the Supreme Court cant settle this issue any more than the question of abortion. If the Supreme Court wants to drop a shoe and say were going to impose samesex marriage in all 50 states, the American People can choose to accept it or not in the same way theyve chosen to reject the ro roe v. Wade decision. We dont need courts to impose its will against the people or take it away from the people. If the people want to change marriage laws, let them change marriage laws like theyve done legitimately in other states. We dont need federal judges doing this. Ifill youre the one who brought up the question of it i. Is this the way of moving forward . Absolutely not. We live under one constitution, all are individuals and have the same freedoms of rights and protections and same aspirations of love and commitment and building a life together and marriages should not sputter in and out like Cell Phone Service depending on what state people happen to be in. Were one country with one constitution and the reason we have courts is sometimes when there is discrimination, sometimes when the politicians get it wrong, we have courts and a constitution to guarantee those freedoms. But you know something, this is a happy moment where what the courts are doing is catching up to where the country is. We talked about a handful of judges who went the other way. There are more than 40 state and feral courts that have looked at this question, now including the u. S. Supreme court, and said there is no good reason to continue this ifill let me ask about the u. S. Supreme court. Does a ruling or nonruling like today affect the legacy of the court . Its a good question. As marcia said, this is far from over with. The Supreme Court stepping away from the first wave of cases doesnt mean it will step away from the second or third wave of cases. Its a little early to see what the courts legacy is. Were hopeful the courts legacy on this question will be one of restoring the questiono the American People. If they want to vote on samesex marriage, let them vote on samesex marriage the way theyve done in several states. If they want to maintain marriage one man, one woman, let them do that. Different states differing is the most american thing we can have in this country. States differ on important legal questions all the time. Thats what makes America Great. Ifill roberts legacy piece, evan wolfson. What makes America Great is we have a constitution that protects liberty and justice for all and treats us equally and guarantees the equality, and doesnt put it up to a vote. We have basic freedoms and thats why we have a constitution. Fortunately, we also have hearts and minds that when people listen to the real stories of real families and look at their love and look at the joy thats spilling out now in utah and oklahoma and the other states weve won today and they see families helped and no one hurt, the American People like the courts affirming the freedom too marry and i think it will be in the roberts courts to put their stamp on the movement in the country in the same

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