tag:blogger.com,1999:blog-1054910627465846465.post5092073752786327689..comments2024-03-27T22:19:42.121-07:00Comments on The Hitchhiker's Guide to National Affairs: Supreme Court Asked to Address Alabama Same-Sex Custody RulingUnknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-1054910627465846465.post-40376298989333287132015-11-20T17:20:48.881-08:002015-11-20T17:20:48.881-08:00I think it is important that the Supreme court wor...I think it is important that the Supreme court works on cementing their position on same sex marriage into precedent. With clerks and judges like Kim Davis, who want to oppose the ruling, it is important to guarantee same sex couples access to certain opportunities, such as marriage, despite their location in the country.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1054910627465846465.post-58200984226879297542015-11-20T16:46:28.718-08:002015-11-20T16:46:28.718-08:00I mainly agree with Emma that this case is not mai...I mainly agree with Emma that this case is not mainly defined by the fact that this involves a same-sex couple, but is rather a question over the scope of the Full Faith and Credit Clause. As a result of this, it makes sense for the Supreme Court to largely ignore the case, as any precedent set will be convoluted at best. Even if the court picked it up and ruled in favor of V.L., it would not really benefit the legitimacy of same sex couples in a strong manner, for this case is about more than that, something that can be used to marginalize the decision later on. A case, to make a large impact, generally has to be about a specific confounding question and address this to impart meaningful change, like Brown v. Board or Miranda v. Arizona. The schools of Kansas were targeted in Brown v. Board because they were good institutions, removing all potential complications and allowing the court to forcefully say that separate is inherently unequal, even under the most equal conditions that existed at this time. Ernesto Miranda had previous experience with the police, so to make the decision with him to make sure suspects are made aware of their rights added credibility, for it showed that it was about the principle behind the case and less about the specifics of the case itself. For the V.L. case, the principle to either be upheld or smacked down is not well defined, and thus there is less point in the Supreme Court choosing to see the case. Under the FFaC clause, it seems that Alabama should respect the public act carried out by Georgia even if it was not completely lawful, or then Alabama would in some way looking into the correctness of Georgia's actions, a role it does not have under the constitution. It does not address the fairness of the law in general as pertaining to the LGBT community and seems to have limited reach in this regard. Anonymoushttps://www.blogger.com/profile/10431602830805844566noreply@blogger.comtag:blogger.com,1999:blog-1054910627465846465.post-17011660871646432552015-11-19T18:29:33.496-08:002015-11-19T18:29:33.496-08:00I think this is complicated because it is about st...I think this is complicated because it is about states' rights v. honoring a previous agreement/law. In this case, I think that V.L. should regain custody of her children because it was fairly given to her.<br />Maybe a reason why the gay rights issue is avoided is because it complicates the case even further. Now it is states' rights v. honoring a previous agreement/law v. doing what is "morally right" (in some people's minds, not mine). As is well known, the South is not super understanding or helpful for the gay community, and often tries to stand in the way. If that aspect of the case isn't brought in, there is less chance for bias. Also, the actual case does not have to do with a same-sex couple having custody over the child, so it would almost be like needless information.Anonymousnoreply@blogger.com