Will Trump try to get rid of Obergefell vs. Hodges?
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  Will Trump try to get rid of Obergefell vs. Hodges?
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Author Topic: Will Trump try to get rid of Obergefell vs. Hodges?  (Read 1430 times)
Attorney General & PPT Dwarven Dragon
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« on: November 10, 2016, 01:20:06 AM »

The case that legalized SSM nationwide for those who don't know. He said in an interview once that he'd strongly consider appointing judges who would overturn that case. I personally think it's all talk since no one really cares about the issue anymore and Trump has not exactly been in full agreement with the anti-LGBT movement (At one point in the campaign he even seemed to be okay with letting Transgender people use the bathroom for their new gender), but thought I'd see if anyone else feels differently.
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Blue3
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« Reply #1 on: November 10, 2016, 01:27:24 AM »

Pence will try to get rid of it.

Trump's level of apathy or not to it being repealed is unknown.
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No War, but the War on Christmas
iBizzBee
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« Reply #2 on: November 10, 2016, 01:28:20 AM »

Even as someone whom is LGBT gotta say LGBT rights are the least of my concern; the GOP doesn't have the numbers, will or national support to push through any kind of anti-LGBT legislation and certainly won't waste political capital on it. As much as I loathe Trump I don't see him as someone whom is going to try and revive the culture wars; he's going to focus on foreign policy and economics. A Conservative SCOTUS would worry me but I just don't see how they could, essentially, un-marry hundreds of thousands of couples.

We probably won't make a lot of national progress; but thank God for progressive states...
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Citizen (The) Doctor
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« Reply #3 on: November 10, 2016, 01:52:17 AM »

If they try to legislate around this in any way it's going to make it easier for them to lose the next election. They can't turn around on something like this -- this generation of Americans are already too used to the idea of SSM being okay.
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« Reply #4 on: November 10, 2016, 04:10:49 AM »

I don't think he'd specifically try to get rid of it. If he got to appoint a few justices, there is some chance of possible collateral damage from his nominees.
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Southern Senator North Carolina Yankee
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« Reply #5 on: November 10, 2016, 04:38:02 AM »

No because I think Roberts would switch over joining Kennedy and the liberals.


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Statilius the Epicurean
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« Reply #6 on: November 10, 2016, 05:23:50 AM »

Nah, what's the point? After Obergefell socons gave up on same-sex marriage and now talk about "religious liberty" instead.
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Chunk Yogurt for President!
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« Reply #7 on: November 10, 2016, 11:42:42 AM »

The left acts like every Republican is a culture warrior.

But seriously, in 10 years we'll be seeing ads that say:

"If Muslims get their way, they'll get rid of gay marriages, vote Republican and stop mass immigration."

Think Milo Yiannapoulos.
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Confused Democrat
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« Reply #8 on: November 10, 2016, 11:46:32 AM »

Let's see if he undos Obama's executive orders pertaining to LGBT rights.
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Person Man
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« Reply #9 on: November 10, 2016, 11:51:27 AM »

The left acts like every Republican is a culture warrior.

But seriously, in 10 years we'll be seeing ads that say:

"If Muslims get their way, they'll get rid of gay marriages, vote Republican and stop mass immigration."

Think Milo Yiannapoulos.

I can see Dumpster being the bridge between a W GOP in 2000 and Yiannapoulos GOP in 2040, where racism and eugenics is used to protect things such as gay rights, feminism, marijuana...just the whole 9 yards.
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Indy Texas
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« Reply #10 on: November 10, 2016, 01:36:52 PM »

You can't "get rid of" a SCOTUS decision unless a ruling is made that effectively overturns all or part of it, or unless a constitutional amendment is passed negating it (the vaunted "Marriage Amendment" that SoCons lusted after during the Bush years).

I doubt Trump will explicitly overturn any of these executive orders because he just doesn't care about that stuff that much. The bigger change will be with his AG, Labor Secretary, etc likely loosening anti-discrimination rules because Muh Political Correctness Has Gotten Out of Control. (But if Crazy Rudy is AG, we all know Crazy Rudy has always loved the gays and will most likely direct his ire solely toward the Muslims.)
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Person Man
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« Reply #11 on: November 10, 2016, 01:37:51 PM »

You can't "get rid of" a SCOTUS decision unless a ruling is made that effectively overturns all or part of it, or unless a constitutional amendment is passed negating it (the vaunted "Marriage Amendment" that SoCons lusted after during the Bush years).

I doubt Trump will explicitly overturn any of these executive orders because he just doesn't care about that stuff that much. The bigger change will be with his AG, Labor Secretary, etc likely loosening anti-discrimination rules because Muh Political Correctness Has Gotten Out of Control. (But if Crazy Rudy is AG, we all know Crazy Rudy has always loved the gays and will most likely direct his ire solely toward the Muslims.)

This.
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Lief 🗽
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« Reply #12 on: November 10, 2016, 02:03:02 PM »

Will he move for a constitutional amendment overturning it? Of course not.

Will he appoint right-wing judges and justices who disagree with the decision? Yes.
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The_Doctor
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« Reply #13 on: November 10, 2016, 02:56:05 PM »

No. The decision will stand. Why? Judges are as cognizant of public opinion as everyone else. The Supreme Court knows the mess they have in their hands by overturning gay marriage would be huge. They're not going to touch the case. Gay marriage and gay rights is settled law. Even among Trumpkins.
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100% pro-life no matter what
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« Reply #14 on: November 10, 2016, 03:57:44 PM »

It's far more likely that Roe goes than Obergefell, I think
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Cashew
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« Reply #15 on: November 10, 2016, 04:49:43 PM »

It's far more likely that Roe goes than Obergefell, I think
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Fight for Trump
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« Reply #16 on: November 10, 2016, 06:25:25 PM »

I think it's safe to say that this is a low priority even for those who disagreed with this decision, myself included.
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Angel of Death
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« Reply #17 on: November 12, 2016, 05:16:32 PM »

Who exactly would have standing to ask for gay marriage to be overturned?
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Frodo
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« Reply #18 on: November 12, 2016, 05:22:36 PM »

I think overturning Roe vs Wade is not as politically perilous. Aren't Millennials divided on this issue?
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KingSweden
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« Reply #19 on: November 12, 2016, 05:51:32 PM »

Who exactly would have standing to ask for gay marriage to be overturned?

Who'd have standing to ask for Roe to be overturned for that matter?
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iBizzBee
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« Reply #20 on: November 12, 2016, 06:55:37 PM »

Who exactly would have standing to ask for gay marriage to be overturned?

Who'd have standing to ask for Roe to be overturned for that matter?

A conservative states outlaws abortion; the law gets challenged in court and makes its way to SCOTUS. No?
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Figueira
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« Reply #21 on: November 12, 2016, 06:59:54 PM »

The question is whether he'd appoint justices who would overturn it. I'm going to be optimistic and say no (either Ginsburg survives, or the justices still don't overturn it) but it's a scary possibility.
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Person Man
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« Reply #22 on: November 12, 2016, 07:04:25 PM »

Who exactly would have standing to ask for gay marriage to be overturned?

Who'd have standing to ask for Roe to be overturned for that matter?

A conservative states outlaws abortion; the law gets challenged in court and makes its way to SCOTUS. No?

They think they might be able to create a direct challenge to Roe v. Wade with a federal very late term abortion ban. But the last time they tried that, they just let the law stand without overturning Roe v. Wade.

The generation is divided on the issue, but not that much as you think. Exit polls still show that when abortion is on the ballot, opposition to abortion bans tend to supported less by the younger.

I think overturning Roe would either create a backlash or create the same momentum that striking down DOMA did.
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JGibson
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« Reply #23 on: November 12, 2016, 07:44:34 PM »

It's far more likely that Roe goes than Obergefell, I think
I don't think that either Obergefell or Roe will be overturned, but Roe's more likely gone of the two.
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ApatheticAustrian
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« Reply #24 on: November 12, 2016, 08:55:50 PM »

nah......this is a dead topic, just like gun regulation.

won't happen anymorem even while social conservatives still are in permanent meltdown mode.

if there is one topic, nearly all millenials and a clear majority of the rest agreed on recently it is the matter of gay rights.

last thing pubs could want is to make an obamacare-like GOTV gift to democrats.
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