how’s this going to work when the supreme court criminalizes being gay?
works.
*worked
everyone needs to stop assuming that anything regarding individual freedom is going to “work” the same way that they’ve grown accustomed to, moving forward
The East/West Coast should hold an emergency election and just fucking annex themselves from the red states. Trump can rule the USoChristianTalibanistan. Offer asylum to all the immigrants so they have no-one to work the farms and the locals have to work in forced labor camps. I give Talibanistan 6 months before they collapse.
Except local refusal to enforce doesn’t really work with gay marriage. If feds refuse to accept gay marriage, they won’t be able to file jointly on federal taxes, and the protections to Rights for spouses like medical visitation / decisions would have to be repeated locally, which could (would) get challenged and ultimately overruled by SCOTUS
SCOTUS doesn’t write legislation, they interpret the Constitution to rule on existing cases. They couldn’t criminalize being gay on their own. If a new case on gay marriage were brought to SCOTUS, the most they could do is overturn US v. Windsor, removing federally recognized gay marriage and federally protected gay marriage benefits.
Congress, however, could potentially criminalize being gay with legislation, unless vetoed by the President or challenged during SCOTUS’s judicial review.
interpret the Constitution
you’re thinking in the past now. please stop assuming that the constitution is a thing anymore. the country chose fascism. they got everything they want, and if what they want is “illegal,” then it will soon be legal.
if you are not a billionaire, then i’m sorry–you have no protections. legal or otherwise. i would say buy all the guns you can, while you can, but honestly that might not even make a difference
It absolutely still is, they just have the full trifecta now, so there’s no accountability. If SCOTUS makes an unjust ruling, it’s Congress’s job to challenge it. If Congress writes and votes for unjust legislation, it’s the President or SCOTUS’s job to challenge it.
The Constitution can’t be discarded by any branch, and requires 2/3 majority to amend through Congress. However, infringement could be outright ignored by those charged with checking the power of the other branches.
If the Supreme Court strikes down Lawrence v TX (the ruling that struck down anti-spdomy laws) homosexual acts will only be illegal in states with anti-sodomy laws on the books. California is not one of those states. California has a law against sex acts with a minor, but not sex acts between consenting adults.
Florida, Georgia, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, and Texas all have statutes criminalizing consensual sodomy on the books and, if scotus reveals Lawrence, homosexual acts will be criminal once again.
…what about lesbians?
No seriously, if they’re defaulting to anti-sodomy laws, what about the other spectrum of the LGBTQ+ that are married and don’t (presumably) practice sodomy?
This is from the TX sodomy law. Oral sex, anal sex, women touch another woman’ breast in a sexual manner, and sex toys are outlawed. The law is pretty comprehensive and seems to cover everyone in the community.
"Sec. 21.01. DEFINITIONS. In this chapter:
(1) “Deviate sexual intercourse” means:
(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or
(B) the penetration of the genitals or the anus of another person with an object.
(2) “Sexual contact” means, except as provided by Section 21.11 or 21.12, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. … Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor."
