Supreme Courts Gay Marriage Decision Can Be Overturned
- Tanya Young Williams
- Aug 5, 2015
- 2 min read
Many in this Country are celebrating the Supreme Court's decision legalizing gay marriage. Of course, the very close Supreme Court ruling, 5-4, illustrates the great divide that still remains with this issue, not only on the Court, but on the streets, in the churches and within families. Many dissenters will look for ways to ignore the law and ultimately change the law.
The United States Supreme Court is the highest court in the Nation. Its decisions set precedents that lower courts then follow. Many wrongfully believe that Supreme Court rulings can't be overturned. However, the Supreme Courts opinions have been overturned numerous times in this Nation's history.
There are three primary ways in which a Supreme Court decision can be overturned or changed.
If the decision is based on a law that Congress has passed, Congress can simply change the law. "Congress certainly has the power to pass a new or revised law that "changes" or "reverses" the meaning or scope of the law as interpreted by the Court, and the legislative history of the new law usually states that it was intended to"overrule" a specific Court decision."
If the decision is based on the Constitution, the Constitution can be amended. Amending the Constitution is not easy feat. In fact, "the Constitution, with its 27 amendments, has been amended only 17 times since the first 10--which make up the Bill of Rights--were ratified in 1791." Justice Anthony M. Kennedy, who wrote the majority opinion, opines that "They ask for equal dignity in the eyes of the law. The Constitution grants them that right" thus indicating his belief that this is a Constitutional issue. However the passionate dissent, written by Chief Justice John G. Roberts Jr., said the Constitution had nothing to say on the subject.
Lastly, and the most realistic hope for Gay Marriage opponents, a later Supreme Court can decide that a certain decision was wrong and overturn its decision. A list of overturned cases are available here.
Same-sex marriages are legal, and as of today, the law of this land. Specifically, States can no longer ban same-sex marriage. However, I surmise like many of civil rights issues, we have not heard the last of this matter within our courts. But for today #LoveWins!
Comentarios