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Gay Marriage: The New Abortion in Confirmation Hearings?

Posted by GayPatriotWest at 2:44 pm - May 5, 2009.
Filed under: Blogging,Gay Marriage,Supreme Court

Over at his blog Legal Insurrection, Cornell Law Professor William A. Jacobson speculates that gay marriage will come up when President Obama’s nominee to replace Justice Souter faces his (or her) Senate confirmation hearings.  In Supreme Court confirmation hearings it has become the new abortion.  “Unlike abortion, gay marriage has not gained wide political acceptance on a national political level (unlike “civil unions” which are gaining acceptance).

It is an interesting post with much food for thought and good run-down of two potential nominees’ (Kathleen Sullivan and Elena Kagan) views on whether or not there is a constitutional “right” to marriage.  Jacobson contends that “Any nominee who has come out for gay marriage constitutional rights in the past, or dares to say so during the confirmation process, likely is not confirmable.”

Interesting thought that.

Not sure I agree with him there, may need to think about it for a while, but do agree with him when he writes, “There is no indication that Obama wants a fight over gay marriage, or wants his first Supreme Court nomination to turn on that issue. But he may not be able to avoid the issue, as much as he may like to do so.”  I’ll go one step further; I’m willing to bet that the President doesn’t want a fight over the issue, rather the Judiciary Committee avoid the issue altogether in the confirmation hearings.

But, Obama’s wishes notwithstanding, gay marriage will definitely come up.  Read the whole thing!

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4 Comments

  1. Let’s see. When Obama won, he made a point of reaching out to the Republicans. both symbolically (those cocktail parties at the White House) and substantively (asking Judd Gregg to be Commerce Sec’y, keeping Gates at Defense, making one-third of the stimulus be tax cuts).

    What was the Republican response? Unanimous opposition to the stimulus and the budget, the teabaggers, and now the pre-condemnation of Obama’s Supreme Court nominee. I think Americans can see who is “angry” and who is “magnimous” here.

    Comment by Magic Dog — May 5, 2009 @ 4:43 pm - May 5, 2009

  2. #1 – “I think Americans can see who is “angry” and who is “magnimous” here.”

    Yeah, you are the angry one. And I am magnanimous for putting up with it.

    Checkmate.

    Regards,
    Peter H.

    Comment by Peter Hughes — May 5, 2009 @ 4:55 pm - May 5, 2009

  3. I for one would love to see the answer by any SCOTUS nominee to the question: “Is there a ‘right’ of marriage — gay, str8 or otherwise.”

    And I’m dying to know the legal, Constitutional and moral authority by which that SCOTUS will defend his/her answer.

    Too many on the Left have avoided this question altogether in their rush to court-sanctioned gay marriage.

    I’m dying to hear the answer!

    Comment by Bruce (GayPatriot) — May 5, 2009 @ 5:28 pm - May 5, 2009

  4. […] “Interesting thought that,” responds Gay Patriot. “Not sure I agree with him there, may need to think about it for a while, but do agree with him when he writes, ‘There is no indication that Obama wants a fight over gay marriage, or wants his first Supreme Court nomination to turn on that issue. But he may not be able to avoid the issue, as much as he may like to do so.’ I’ll go one step further; I’m willing to bet that the President doesn’t want a fight over the issue, rather the Judiciary Committee avoid the issue altogether in the confirmation hearings.” […]

    Pingback by Weekend Opinionator: The Early Line on the High Court - The Opinionator Blog - NYTimes.com — May 8, 2009 @ 7:09 pm - May 8, 2009

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