Matt Baume: Debunking The Dissents

Matt Baume Recaps SCOTUS Arguments

Probably the best forecast you'll see.

Early Reports As Hearings Conclude

Johnson reports for the Washington Blade.

SOUTH CAROLINA: AG Alan Wilson Files Stay Extension Demand With SCOTUS

Read the full demand at Equality Case Files.

SOUTH CAROLINA: Plaintiffs Demand That Marriage Ruling Stay Ends On Thursday

The stay on South Carolina same-sex marriages is due to expire on Thursday. Late last night the plaintiffs in that case filed a motion in opposition to state Attorney General Alan Wilson's demand that the stay be continued while he flails about with appeals. Via the Post & Courier:

"Currently 34 states permit same-sex couples to marry, or recognize marriages legally celebrated by same-sex couples in other states. If history is any indicator, the State's claim of potential harm here is overstated, if not completely contrived," the new filings says. Malissa Burnette, lead attorney in Condon's case, has said she feels very optimistic the Fourth Circuit will uphold Gergel's ruling. It is the same court that struck down Virginia's constitutional gay marriage ban and was among those that triggered the recent cascade of legalized same-sex marriage across the nation.

The Fourth Circuit could rule on Wilson's request for an emergency stay at any time. Wilson has argued that South Carolina's voter-approved constitutional gay marriage ban differs enough from Virginia's that it warrants new consideration by the Fourth Circuit. Burnette counters that the two bans are almost identical. Also, despite a tide of rulings in favor of same-sex marriage nationwide over the past six weeks, Wilson argued that a recent surprise ruling by the Sixth Circuit in Ohio upholding a gay marriage ban makes it more likely the U.S. Supreme Court will weigh in nationally - and perhaps halt the march of gay marriage across the country.

If the Fourth Circuit denies Wilson's stay extension demand, he will surely immediately petition SCOTUS, where Chief Justice John Roberts has jurisdiction. If no stay extension is granted by either court, same-sex marriage licenses will be issued at noon on Thursday. South Carolina has a 24-hour waiting period to marry, but judges have waived such requirements in other states on a case-by-case basis. 

BREAKING: Full SCOTUS Continues Stay On Virginia Same-Sex Marriages

And of course they had to drag it down to the wire.

Freep This Virginia Poll

The poll is here. Today is the day for Supreme Court Justice John Roberts to give us the decision or do nothing and allow the stay to expire. In the unlikely event that the stay is not continued, marriages commence tomorrow morning.

At courthouses across the commonwealth, more than 60 clergy will stand ready on Thursday to perform ceremonies as soon as licenses are issued. If the Supreme Court does not issue a stay, the state's vital records department and supreme court plan to electronically send out marriage applications and licenses to circuit court clerks Wednesday afternoon, said Brian Coy, press secretary for Gov. Terry McAuliffe. "There are a lot of questions as far as the administrative aspects go," Coy said. "We're working on getting ready." The draft version changes "bride" and "groom" to "spouse," said Tina Sinnen, clerk of the Virginia Beach Circuit Court. But it's not final, and clerks have been warned it still may change. If the city's vendor who supplies such documents can't get new ones done in time, Sinnen said she may have to rely on the one computer in her office that can access the new forms in the state supreme court's computer system. That could mean a slower process and longer lines, she warned. "We're doing the best we can, and we hope people are patient," said Sinnen, who also is president of the Virginia Circuit Clerk's Association. "We think they will be. They've waited a long time for this to come to fruition. What's another 30 minutes?"

(Tipped by JMG reader Tom)

Supreme Court Haiku

VIRGINIA: AFER Tells SCOTUS Not To Continue Stay On Same-Sex Marriages

Via press release:

Today, lawyers representing the plaintiffs in the Bostic case responded to a petition by defendants seeking a stay of the United States Circuit Court for the Fourth Circuit’s decision that found Virginia’s marriage ban unconstitutional by urging the Supreme Court not to delay the issuance of marriage licenses for same-sex couples in Virginia. The American Foundation for Equal Rights is the primary sponsor of the Bostic case.

“Virginia’s exclusion of gays and lesbians from the fundamental right to marriage causes painful, irreparable, and immeasurable injury to large numbers of its citizens every day and every moment it remains in existence, and humiliates and stigmatizes these individuals and their children in ways too numerous to enumerate,” said Ted Olson, lead co-counsel for the Bostic plaintiffs. “Courts all over the country are overwhelmingly and with an unprecedented degree of unanimity recognizing that there is no legal basis for continuing to impose this kind of harm on our fellow citizens. There is no justification for staying the effect of the Fourth Circuit’s decision upholding the rights of Virginians to marry the person they love.”

Prince William County Clerk Michèle McQuigg filed her petition to stay the Fourth Circuit Court’s mandate on Thursday, August 14, 2014. Should Chief Justice Roberts, the U.S. Supreme Court Justice responsible for emergency petitions made within the Fourth Circuit, deny the stay request, marriages for gay and lesbian couples would be set to begin at 8 a.m. on Thursday, August 21, 2014.

And now we wait.

VIRGINIA: Chief Justice John Roberts Sets Monday 5PM Deadline For Stay Response

Supreme Court Chief Justice John Roberts, who has jurisdiction over the Fourth Circuit Court of Appeals, today set a deadline of Monday 5PM for attorneys for the Virginia plaintiffs to respond to yesterday's stay demand by the Alliance Defending Freedom. Should Roberts reject the stay demand, same-sex marriages would commence on Thursday at 8AM. (Tipped by JMG reader ArchiLaw)

Justice John Roberts' Lesbian Cousin To Attend SCOTUS Marriage Hearing

The openly lesbian cousin of Supreme Court Justice John Roberts has secured courtroom seats for tomorrow's hearing on Proposition 8.

“He is a smart man,” she said. “He is a good man. I believe he sees where the tide is going. I do trust him. I absolutely trust that he will go in a good direction.” Podrasky obtained the highly coveted courtroom seats by emailing Roberts’ sister, Peggy Roberts, and then going through his secretary. Roberts knows she is attending, she said. She, her partner, her sister and her niece will attend Tuesday’s arguments on Proposition 8. On Wednesday, her father will take her niece’s place for the hearing on the challenge to the Defense of Marriage Act. Although Podrasky has no personal knowledge of her cousin’s views on same-sex marriage, she expects the court will overturn the 2008 ballot initiative, leaving her free to marry Fasano. “I am definitely ready,” she said.

12 Year-Old Adopted Child Of Gay Parents Writes To Supreme Court Justice Roberts

From the Leffew family in Northern California.

Wingnuts Vs Justice John Roberts

According to World Net Daily, Supreme Court Justice John Roberts is a traitor for voting that Obamacare is constitutional. And judging by the drawing of Benedict Arnold used to illustrate their story, Roberts is also a nelly homo.

Glenn Beck Is Selling These

A mere $30 each. Source.

RUMOR: SCOTUS Chief Justice John Roberts Considering Stepping Down

This comes from Radar Online, which has gotten a few juicy scoops recently, but still...grain of salt and all that.

John Roberts, Chief Justice of the United States Supreme Court, is seriously considering stepping down from the nation’s highest court for personal reasons, RadarOnline.com has learned exclusively. Roberts, known for his conservative judicial philosophy, has served on the Supreme Court since 2005, having been nominated by President George W. Bush after the death of former Chief William Rehnquist. RadarOnline.com has been told that Roberts, 55, could announce his decision at any time. The decision paves the way for President Barack Obama to make his second appointment to the U.S. Supreme Court following his first, Sonia Sotomayor.

Earlier this week, Roberts declined to block same-sex marriage in Washington DC. An Obama appointment to replace Roberts could swing the court to the liberal side, making the future of Perry vs. Schwarzenegger a lot brighter.

UPDATE: Closet case homocon Matt Drudge has this headline:

TOP COURT SOURCE TELLS DRUDGE: 'THIS IS NOT HAPPENING... NEWS TO ME'... DEVELOPING...

Even if this is crap, it's fun to watch the Freepers dissolve into hysterics. My favorite: "Roberts could be caught kidnapping children to perform in the North Korean Man-Boy circus...and I’d still want him to stay."

UPDATE II: Less than an hour after its first post, Radar Online now says: "RadarOnline.com has obtained new information that Justice Roberts will NOT resign. The justice will be staying on the bench." Oh well, that was fun for a few minutes in dreamland and for a few thousand freaked out comments on Free Republic.

The Flubbed Oath Of Office

Supreme Court Chief Justice John Roberts flubbed the oath of office.

Separated by a Bible used by Abraham Lincoln at his first inaugural, Roberts asked Obama: "Are you prepared to take the oath, Senator?" The former Illinois senator indicated he was, and Roberts started reciting — and Obama repeating — the 35-word oath that is prescribed by the Constitution. But at one point, Obama paused abruptly after Roberts reversed several words in the oath. The oath includes the phrase "that I will faithfully execute the office of president of the United States" but Roberts didn't say "faithfully" until after saying "president of the United States." Obama apparently realized that something was out of order. With Obama not reciting, Roberts then repeated the phrase correctly, the brief awkward moment ended and Obama was back on track. He was then the first to congratulate Obama on his new job.

Mother's Day

From the always hilarious John Roberts.