Gay Marriage Is New GOP Litmus Test for Supremes

[babylonsister]

Gay-Marriage Issue Awaits Court Pick
Same-Sex Unions Supplant Abortion As Social Priority for Conservatives

By Shailagh Murray
Washington Post Staff Writer
Sunday, May 17, 2009


As President Obama prepares to name his first Supreme Court justice, conservatives in Washington are making clear that his nominee will face plenty of questions during the confirmation process on the legal underpinnings of same-sex marriage.

In addition to shedding more light on the nation's most contentious unfolding social drama and legal frontier, Senate Republicans say the debate could provide a road map to an Obama nominee's judicial philosophy.

"It may reflect the degree to which they think that they're not bound by the classical meaning of the Constitution, and that they may want to let a personal agenda go beyond what the law said," said Sen. Jeff Sessions (Ala.), the senior Republican on the Senate Judiciary Committee.

Questions on social issues in confirmation hearings have tended for the past 30 years to focus squarely on abortion, with partisans from both sides poring over a nominee's writings and rulings and presidents typically denying that any "litmus test" was employed in the selection.

Same-sex marriage carries the same freighted potential to dominate a hearing, conservatives say.

"It is now the flash point where politics and law meet. That flash point used to be abortion. I don't think anybody thinks that's going to be the flash point in this nomination," said William A. Jacobson, a Cornell University law professor and conservative blogger.

more...

http://www.washingtonpost.com/wp-dyn/content/article/2009/05/16/AR2009051602363.html?hpid=topnews

[donco6]

1. Well, we're pretty much fucked then.

The current crop of Dems will find some reason to roll over on any pro-marriage nominee. Which ensures we'll get a non-pro-marriage nominee. Great.

[BlooInBloo]

2. hahahah! They can't keep up. Gay marriage has started leaving the courts...

And is fast taking up its better place in the legislatures.

[ingac70]

3. Eventually it will make it's way to the Supreme Court...

When someone fights to have their marriage, that took place in a State that legislated gay marriage, recognized elsewhere.

[AndyTiedye]

5. The Supreme Court is Where All Our Hopes and Dreams Go to Die

[AndyTiedye]

4. The Almighty Repiglickin Filibuster Will Block Any Pro-Choice or Pro-Gay-Marriage Nominee

It will be about abortion, again. The Repiggies will filibuster any nominee who supports abortion rights.
All they need is one more justice to get abortion banned completely.

Obama long ago signaled his willingness to compromise (surrender) on gay rights,
and the nomination he makes will likely reflect this.

[ZombieHorde]

6. Republicans do not need to filibuster, they only need to say the word.

This seems to be the pattern.

[AndyTiedye]

10. Because No Republican EVER Breaks Ranks on a Filibuster Vote

While we have a bunch of boll weevils who vote with the Repiggies most of the time.

[TahitiNut]

7. Article IV, Section 1, to be tested again. Shades of Dred Scott.

Article IV - The States

Section 1 - Each State to Honor all others

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Interestingly, Dred Scott was never reversed or overturned. The abolition of slavery made it moot.

[Pisces]

8. Good , they continue to marginalize themselves as the party of (not in touch with the public)

Let them scream about an issue that the public no longer cares about. The public knows that you can't catch homosexuality by standing next to a gay person. The repubs are losing on all fronts and showing themselves to be so out of touch with average Americans.

[malletgirl02]

12. Litmus tests

I agree, I heard another one of the GOP's litmus test is that the judge be pro-life. Seriously like Obama is going to nominate a pro-life judge. The GOP keep asking for these preposterous things, and they are marginalizing themselves.

[JerseygirlCT]

9. They keep threatening about that and about all their tests

Do they not realize they're in the minority, and they're not playing with a dummy?

[Joe the Revelator]

11. I don't get it....dems hold power in both houses, by a margin immune for fillibustering...

Who gives a fuck what the republicans want to use as a litmus test?

[blue_onyx]

13. Yeah, we wouldn't want the nominee

to treat gays with "Equal justice under law." I guess that saying is chiseled on the Supreme Court for decoration according to the GOP.

The GOP will find something to object about, whether it's gay rights or something else. I hope Obama picks someone he likes and doesn't worry about bipartisanship because the Republicans certainly don't worry about it.