TOOL OF THE DAY: SCOTUS hears 4 more Gay Marriage cases but continues to deny divorced parents cases.
CATEGORY: Family Law
On Tuesday, April 28, 2015, the Supreme Court of the United States will hear oral argument on 4 gay rights cases hoping to extend the rationale used in the Windsor v. United States case several years ago to theirs. The argument is whether or not the gay marriage ban violates the 14th amendment equal protection clause. They have consolidated these four cases to be heard in two historical hours of oral argument.
They will be arguing two major questions:
1) “Does the Fourteenth Amendment require a State to license a marriage between two people of the same sex?”
2) “Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?”
We have taught many parents how to use the 14th amendment argument when the family courts create two unequal classes of parent or two unequal classes of child based on nothing more than the marital status or gender. This issue has already been ruled on by SCOTUS just not in the context of divorced parents. Ray Granstrom last year tried to get SCOTUS to hear his argument on this issue. They declined to certify his petition.
One of our students who has read our book, taken our classes, and has conversations with me regularly noticed that Ron Palmer’s theory that the topic of divorce is hated more than the gay rights issue at this point. Â Rustin wrote partially from learning this from our book and partially from our conversations that “The fact that this case is being heard by the SCOTUS before one of ours [divorced parents] supports the theory that unmarried or divorced parents and children are discriminated against more than gays now (a)days.” Thanks Rustin.
You can get our book too today, “NOT in the Child’s Best Interest” and be ready to use cases like this and others to fight and protect your rights and your child’s rights to be protected and raised by you directly.
We teach you how to extend rationale to your arguments.
“…the impact of such a ruling will eventually extend beyond marriage rights, transforming how gay Americans are perceived and reducing discrimination against them more broadly.”
Check back with our blog after their ruling as we help you explore whether there is anything from this case that you can apply to your divorce case too.
http://www.newyorker.com/news/news-desk/the-coming-gay-marriage-ruling