SCOTUS FINALLY TAKES ON GAY MARRIAGE
On Tuesday, April 28, the Supreme Court of the United States appeared divided as they heard oral arguments on whether states can ban same-sex marriage.
The case, Obergefell v. Hodges, consolidates four cases dealing with gay marriage. For the prosecution, Mary Bonauto represented 12 couples and two widowers challenging bans on gay marriage. Four states — Michigan, Ohio, Tennessee and Kentucky — defended their bans.
Banauto cited the 14th Amendment as a key reason such bans are unconstitutional.
“If a legal commitment, responsibility and protection that is marriage is off limits to gay people as a class, the stain of unworthiness that follows on individuals and families contravenes the basic constitutional commitment to equal dignity,” Bonauto said to the Court in her opening statement. “Indeed, the abiding purpose of the 14th Amendment is to preclude relegating classes of persons to second-tier status.”
The justices’ remarks illuminated their vastly different views. Justice Anthony Kennedy, considered a swing vote in this case, mentioned concern about changing the long-standing definition of marriage, while Justice Samuel A. Alito Jr. asked whether a favorable ruling would lead to groups of people getting married.
In the recent past, the Supreme Court’s inaction has led many to believe that Obergefell v. Hodges will lead to a landmark decision in favor of marriage equality. In October, the Court refused to hear appeals from rulings allowing same-sex marriage in five states. As such, now 36 states support same-sex marriage.
While Americans will have to wait until June to hear how the Supreme Court rules, Boulder County citizens can celebrate the county’s long history of supporting marriage equality on May 31 as Boulder County Clerk Hillary Hall is awarded the Clela Rorex Allies in Action Award. In 1975, Boulder’s County Clerk Clela Rorex was the first to issue same-sex marriage licenses in the U.S.
In 2014, Hall issued more than 200 marriage licenses to same-sex couples before being stopped by former state Attorney General John Suthers.
RIGHT TO REST ACT DIES IN COMMITTEE
A bill intended to protect the right of homeless people to sleep outside or in their cars died in a state House committee on Monday, April 27, preserving camping bans and park closures like those in place in the city of Boulder.
Representatives Joe Salazar (D-Thornton) and Jovan Melton (D-Aurora) introduced House Bill 15-1264, known as the “Right to Rest Act,” on April 15. The bill was intended to end municipal laws that criminalize acts such as sleeping in public places or legally parked cars, using blankets or other items to protect from the elements, eating and drinking in public places where food is not prohibited, and the right to use public spaces without time limitations.
Boulder’s anti-camping ordinance prevents people from using any shelter when they sleep outdoors and individuals can only sleep in a car if the vehicle is parked on private property with the property owner’s permission. Since 2012, Boulder has closed city parks from 11 p.m. to 5 a.m.
Boulder city officials maintained that state legislation like the Right to Rest Act would be a threat to Boulder’s home rule.
Boulder City Council members openly supported Senior Assistant City Attorney Kathy Haddocks testifying against the bill at the second hearing on April 27.
“‘Right to rest’ is a good phrase, it sounds good, it’s a good sound bite, but homelessness issues are not addressed simply by providing people a place to rest,” Haddocks told The Denver Post. “In fact, using public property to become a replacement home for people means that property also becomes their bathroom, cooking area, trash bin and congregating area.
“As a result, those areas become unusable by others and are very expensive for the city to provide trash removal and human-waste removal services.”
