Skylar
Diamond Member
- Jul 5, 2014
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Is the legality of opposite sex marriage before the court?If that is the issue before the court and that Justice has performed opposite sex marriages, sure. It means they have already made up their minds and cannot rule on the merits.Should Justices who have performed opposite sex marriages have to recuse themselves?
Isn't the fact that seven of the Judges have performed only opposite sex marriages showing that they have made up their minds?
The legality of same sex marriage bans are before the court. The issue of the legality of same sex marriage was firmly established in 2013 in the Windsor decision. And since neither Maryland nor DC had such a ban, its simply impossible to demonstrate a bias against such bans by performing a wedding in either.
Actually the legality of the federal government saying that States cannot set their own marriage contracts with regards to Same sex marriage is what is in question.
Here's the actual questions:
1) Does the Fourteenth Amendment require a state to license a
marriage between two people of the same sex?
2) Does the Fourteenth Amendment require a state to recognize a marriage
between two people of the same sex when their marriage was
lawfully licensed and performed out-of-state?
http://www.supremecourt.gov/orders/courtorders/011615zr_f2q3.pdf
It has nothing to do with the legality of gay marriage. But if a state has to issue licenses to same sex couples under the 14th amendment.