Gay Marriage Issue Steering Clear of the Supreme Court
And now there are four. In the space of a week, the number of states allowing same-sex marriage has doubled, with Iowa and then Vermont joining Massachusetts and Connecticut. In California, gay and lesbian couples were exchanging vows for five months before voters put a stop to the practice in November. Californians are still talking it over, though, and loudly. New York and New Jersey may be next to debate the question.
In other contexts, this sort of turmoil might amount to an invitation for the United States Supreme Court to step in. But there are all sorts of reasons the court is likely to keep its distance, and a central one is the endlessly debated 1973 decision that identified a constitutional right to abortion.
“The concern about creating another Roe v. Wade looms large,” said Nathaniel Persily, who teaches law and political science at Columbia. “At least five members of this court, if not more, would probably be reluctant to weigh in on this controversy, especially given the progress that is being made in state legislatures, state courts and public opinion.”
Court decisions on issues like school desegregation, abortion and same-sex marriage can raise questions about the judicial branch usurping the democratic process. But there are strategic issues as well. The Supreme Court not only decides cases but also decides which cases to decide. In jurisprudence as in life, timing is everything.
Even some strong supporters of abortion rights believe, for instance, that Roe went too far too fast and may have been counterproductive. One of them is Justice Ruth Bader Ginsburg.
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Krispy Kreme slammed for celebrating our “freedom of choice”
But no good deed goes unpunished by the “Christian” right.
It seems the
phrasing of the company’s announcement — “Krispy Kreme Doughnuts, Inc. is honoring Americans’… freedom of choice on Inauguration Day, by offering a free doughnut of choice to every customer” — made Judie Brown, the president of American Life League, an antiabortion group, mad. So she released a statement in which she said:The next time you stare down a conveyor belt of slow-moving, hot, sugary glazed donuts at your local Krispy Kreme, you just might be supporting President-elect Barack Obama’s radical support for abortion on demand - including his sweeping promise to sign the Freedom of Choice Act as soon as he steps in the Oval Office, Jan. 20…
Just an unfortunate choice of words? For the sake of our Wednesday morning doughnut runs, we hope so. The unfortunate reality of a post Roe v. Wade America is that “choice” is synonymous with abortion access, and celebration of “freedom of choice” is a tacit endorsement of abortion rights on demand.
President-elect Barack Obama promises to be the most virulently pro-abortion president in history. Millions more children will be endangered by his radical abortion agenda.
Celebrating his inauguration with “Freedom of Choice” doughnuts — only two days before the anniversary of the Supreme Court decision to decriminalize abortion — is not only extremely tacky, it’s disrespectful and insensitive and makes a mockery of a national tragedy…
As of Thursday morning, communications director Brian Little could not be reached for comment. We challenge Krispy Kreme doughnuts to reaffirm their commitment to true freedom – to the right to life, liberty and the pursuit of happiness – and to separate themselves and their doughnuts from our great American shame.
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