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(77,388 posts)
Fri Jun 21, 2024, 07:22 PM Jun 21

"Alarm bells about Obergefell": Sotomayor pens blistering dissent on SCOTUS marriage attack [View all]

(Salon). Supreme Court Justice Sonia Sotomayor used her dissent in a case that struck at non-citizen and citizen marriage rights to issue a stark warning on the future of gay marriage rights.

The 6-3 ruling penned by Trump appointee Amy Coney Barrett in Department of State v. Muñoz held that a citizen has no “fundamental liberty interest in her noncitizen spouse being admitted to the country,” denying a couple’s plea after a U.S. citizen’s husband was denied a visa.

Opening her dissent with the central holding of the landmark 2015 Obergefell v. Hodges, that “the right to marry is fundamental as a matter of history and tradition,” the justice laid into her conservative colleagues’ destruction of the right to marry for Muñoz.
“Despite the majority’s assurance two terms ago that its eradication of the right to abortion ‘does not undermine . . . in any way’ other entrenched substantive due process rights such as ‘the right to marry,’... the Court fails at the first pass,” Sotomayor wrote in the dissent, joined by liberal justices Elana Kagan and Ketanji Brown Jackson. ................(more)


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