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Q&A: Issues, Possible Legal Outcomes in Gay Marriage Cases

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In this June 26, 2013, file photo, Sean Lewrence, of Philadelphia, holds up a flag during a rally for gay marriage, on Independence Mall in Philadelphia.  A federal appeals court on Thursday, Nov. 6. 2014, upheld anti-gay marriage laws in four states, breaking ranks with other courts that have considered the issue and setting up the prospect of Supreme Court review. (AP Photo/Matt Slocum, File)

In this June 26, 2013, file photo, Sean Lewrence, of Philadelphia, holds up a flag during a rally for gay marriage, on Independence Mall in Philadelphia. A federal appeals court on Thursday, Nov. 6. 2014, upheld anti-gay marriage laws in four states, breaking ranks with other courts that have considered the issue and setting up the prospect of Supreme Court review. (AP Photo/Matt Slocum, File)

Mark Sherman, ASSOCIATED PRESS

 

 

WASHINGTON (AP) — Just two years ago, the Supreme Court struck down part of the federal anti-gay marriage law that denied a range of government benefits to legally married same-sex couples.

The decision in United States v. Windsor did not address the validity of state marriage bans, but courts across the country, with few exceptions, said its logic compelled them to invalidate state laws that prohibited gay and lesbian couples from marrying.

The number of states allowing same-sex marriage has grown rapidly. As recently as October, just over one-third of the states permitted same-sex marriage. Now, same-sex couples can marry in 36 states and the District of Columbia. A look at what is now before the Supreme Court, and the status of same-sex marriage around the country:

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WHAT’S LEFT FOR THE SUPREME COURT TO DO AMID ALL THIS CHANGE?

The justices on Tuesday are hearing extended arguments, scheduled to run 2½ hours, in highly anticipated cases about the right of same-sex couples to marry. The cases before the court come from Kentucky, Michigan, Ohio and Tennessee, all of which had their marriage bans upheld by the federal appeals court in Cincinnati in November. That appeals court is the only one that has ruled in favor of the states since the 2013 Windsor decision.

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WHAT’S AT STAKE?

Two related issues would expand the marriage rights of same-sex couples. The bigger one: Do same-sex couples have a constitutional right to marry or can states continue to define marriage as the union of a man and a woman? The second: Even if states won’t allow some couples to marry, must they recognize valid same-sex marriages from elsewhere?

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WHAT ARE THE MAIN ARGUMENTS ON EACH SIDE?

The arguments of marriage-rights supporters boil down to a claim that states lack any valid reason to deny the right to marry, which the court has earlier described as fundamental to the pursuit of happiness. They say state laws that allow only some people to marry violate the Constitution’s guarantee of equal protection under the law and make second-class citizens of same-sex couples and their families. Same-sex couples say that preventing them from marrying is akin to a past ban on interracial marriage, which the Supreme Court struck down in 1967.

The states respond that they have always set the rules for marriage and that voters in many states have backed, sometimes overwhelmingly, changes to their constitutions to limit marriage to a man and a woman. They say a lively national debate is underway and there is no reason for courts to impose a solution that should be left to the political process. The states also argue that they have a good reason to keep defining marriage as they do. Because only heterosexual couples can produce children, it is in the states’ interest to make marriage laws that encourage those couples to enter a union that supports raising children.

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IS THE OBAMA ADMINISTRATION PLAYING A ROLE?

The administration is backing the right of same-sex couples to marry, although its argument differs in one respect. The plaintiffs say that the state laws should fall, no matter what standard the court applies. The administration calls for more rigorous scrutiny than courts ordinarily apply to most laws, saying it is appropriate when governments discriminate against a group of people. That already is the case for claims that laws discriminate on the basis of race, sex and other factors. But the administration is silent about what the outcome should be if the court does not give gays the special protection it has afforded women and minorities.

The Justice Department’s decision to stop defending the federal anti-marriage law in 2011 was an important moment for gay rights, and President Barack Obama declared his support for same-sex marriage in 2012.

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WHAT HAPPENS IF THE COURT STRIKES DOWN THE STATE BANS?

A ruling that same-sex couples have a right to marry would invalidate the remaining anti-gay marriage laws in the country. If the court limits its ruling to requiring states to recognize same-sex unions, couples in states without same-sex marriage presumably could get married elsewhere and then demand recognition at home.

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WHAT HAPPENS IF THE COURT RULES FOR THE STATES ON BOTH QUESTIONS?

The bans in 14 states would survive. Beyond that, confusion probably would reign. Some states that had their marriage laws struck down by federal courts might seek to reinstate prohibitions on gay and lesbian unions. Questions also could be raised about the validity of some same-sex weddings. Many of these problems would be of the Supreme Court’s own making.

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WHY IS THAT?

From October to January, the justices first rejected appeals from states seeking to preserve their marriage bans, then allowed court rulings to take effect even as other states appealed those decisions. The result is that the court essentially allowed the number of states with same-sex marriage to double.

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WHERE IS SAME-SEX MARRIAGE LEGAL?

Same-sex couples can marry in 36 states, the District of Columbia and parts of Missouri. More than 500 marriage licenses were issued to same-sex couples in Alabama this year after a federal court struck down the state’s ban. But probate judges have not issued any more licenses to gay and lesbian couples since the Alabama Supreme Court ordered a halt to same-sex unions in early March.

Gay and lesbian couples may not marry in Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, most of Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee and Texas.

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HOW MANY MARRIED SAME-SEX COUPLES ARE THERE IN THE U.S.?

Gary Gates, an expert at UCLA’s Williams Institute on the demography of gays and lesbians in the U.S., estimated that there were 350,000 married same-sex couples as of February. Gates relied on Gallup Inc. survey data and Census Bureau information to arrive at his estimate. That’s just 0.3 percent of the nation’s 242 million adults, Gates said. Almost as many same-sex couples are unmarried, Gates said.

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WHAT ARE THE NEXT ISSUES FACING GAY RIGHTS?

One fight in the news this year is over efforts to carve out religious exemptions for people and institutions that object to same-sex marriage. It is clear that churches do not have to marry same-sex couples if doing so violates their religious tenets, but what about county clerks? Can photographers refuse to shoot same-sex weddings? Can bakers decline to bake a cake for two men? Civil rights groups say they will continue pressing for other protections from discrimination against LGBT people in employment and housing, among other areas. Even if same-sex couples win the right to marry everywhere, people still can be fired because of their sexual orientation in more than half the states.

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Online:

Supreme Court: http://www.supremecourt.gov

Follow Mark Sherman on Twitter at: http://www.twitter.com/shermancourt.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Oakland Post: Week of July 1 – 7, 2026

The printed Weekly Edition of the Oakland Post: Week of July 1 – 7, 2026

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NPRC Joins National Grand Jury Proceedings Seeking Accountability, Constitutional Restoration

Organizers state that testimony will explore historical and political developments that they believe have contributed to the expansion of corporate influence over public institutions and governmental decision-making. Participants are expected to discuss concerns regarding constitutional governance, individual liberties, property rights, and the protection of vulnerable populations, including seniors and persons with disabilities.

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Photo by Billie Powers.
Photo by Billie Powers.

Special to The Post

The National Probate Reform Coalition (NPRC) has joined Toll and Roll and a growing coalition of advocacy organizations, victims, whistleblowers, and citizen groups in support of a nationally broadcast People’s Grand Jury proceeding scheduled for July 1 and July 7.

Organizers describe the event as a public forum designed to examine allegations of government abuse, judicial misconduct, legislative failures, and the erosion of constitutional protections affecting millions of Americans.

The proceedings will feature testimony from victims, families, advocates, and organizations from across the country who contend they have experienced harm through government actions, institutional neglect, and failures of oversight.

According to organizers, the People’s Grand Jury will focus on concerns involving probate courts, guardianships, conservatorships, child welfare systems, property rights, civil liberties, and what participants view as a growing disconnect between government institutions and the constitutional rights of the people they are sworn to serve.

NPRC is participating because many of the issues being examined mirror the concerns raised by advocates, victims, and families who have participated in its monthly town halls. For years, families have reported cases involving exploitation of elders, questionable guardianships, estate depletion, denial of due process, and a lack of meaningful oversight within probate court systems.

“This proceeding gives victims and advocates an opportunity to place their experiences on the public record,” said Tanya Dennis, lead facilitator of NPRC. “For too long, families have struggled to have their voices heard regarding elder abuse, probate exploitation, and government inaction. This forum allows those stories to be shared before a national audience.”

Organizers state that testimony will explore historical and political developments that they believe have contributed to the expansion of corporate influence over public institutions and governmental decision-making. Participants are expected to discuss concerns regarding constitutional governance, individual liberties, property rights, and the protection of vulnerable populations, including seniors and persons with disabilities.

In keeping with principles of transparency and fairness, invitations have been extended to legislators, members of the judiciary, law enforcement representatives, and other public officials who may wish to respond to concerns raised during the proceedings or defend actions taken by their respective institutions.

One of the primary outcomes sought by organizers is public consideration and support for the People’s Remedy and Restoration Act, a proposed legislative framework that advocates believe would strengthen oversight, increase accountability, provide remedies for victims of governmental abuse, and restore constitutional protections.

The proceedings are expected to be broadcast nationally, providing citizens throughout the United States an opportunity to observe testimony, review evidence presented, and participate in an ongoing conversation regarding government accountability and the protection of individual rights.

Advocates hope the hearings will encourage meaningful dialogue, legislative reform, and renewed public engagement in the democratic process.

Individuals, organizations, public officials, and members of the media interested in attending or obtaining access information may contact the organizers at tollandroll2025@gmail.com.

As Americans continue to debate the future of constitutional governance, judicial accountability, and the protection of vulnerable citizens, the July proceedings are expected to serve as a significant forum for public testimony and civic engagement. For more information, go to https://tollandroll.com

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Local Civil Rights Attorney, Activist Walter Riley Reveals Life Lessons from 70 Years in the Movement

Widely known in Oakland for his unifying leadership on issues of social justice and human rights, Riley is also recognized for his famous son, Raymond “Boots” Riley, a rap artist, political activist, and successful filmmaker, whose latest film, “I Love Boosters,” is now in theaters and capturing national attention.

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Walter Riley. Courtesy photo.
Walter Riley. Courtesy photo.

By Ken Epstein

Prominent civil rights attorney and activist Walter Riley recently went on radio station KPFA 94.1 to discuss his new book co-authored with local veteran organizer Jesse Strauss: “Civil Rights and Structural Attacks: Conversations with Walter Riley.”

Widely known in Oakland for his unifying leadership on issues of social justice and human rights, Riley is also recognized for his famous son, Raymond “Boots” Riley, a rap artist, political activist, and successful filmmaker, whose latest film, “I Love Boosters,” is now in theaters and capturing national attention.

Born in North Carolina, Riley has lived in San Francisco, Chicago, and Detroit, but his longtime home is Oakland, California.

Over the years, he was a leader in the South against Jim Crow, participated as a student in the historic 1968 San Francisco State University strike that created Black Studies and Ethnic Studies in the U.S. and scored victories in the fight for open college admissions.

He was also a labor organizer and was involved in early Black Panther Party formations, anti-war protests, and was a leader of the Progressive Labor Party, a pro-Mao, Marxist Leninist party.

In an interview on KPFA’s “Upfront” with host Brian Edwards-Tiekert on June 18, he discussed some of his formative experiences, born in 1944 to a family of sharecroppers who worked on a tobacco farm near Durham, North Carolina.

“I came from a farming family, the ninth child of 11 children,” Riley said. “My mom and dad got married as teenagers, and they were together for their entire lives. Growing up in this large family, we had to deal with various aspects of what it meant to live in an economically depressed area with parents who had come through what they called “Hoover times” (the Great Depression) in the South.

“They were proud of every one of their children when they took some stand, to develop and show some sense of dignity,” he said.

In his neighborhood, slavery was not a distant memory. There are many people “who knew firsthand what it was to have family members that had lived as enslaved people and lived in communities where enslaved people had lived.

“(Under tenant farming), the landowner negotiated for the entire family: the farmer, the wife, the children – everybody was involved on the farm. Kids were often engaged. We had to shovel, hoe tobacco to keep the weeds from taking over, to make sure that tobacco worms didn’t eat up the tobacco. If a child was old enough to plow, they would walk behind a horse or mule and plow a field, working from sunup to sundown,” he said.

The houses did not have indoor bathrooms, running water or electricity. “A lot of the names in the Black community were the same names as these slave owners. We could see the names of folks on the streets, street names of people who had enslaved people, and they were symbols to me of a world that did not see me as a human being, that has not treated my ancestors as humans, has treated us as chattel to be sold, to be owned, to be property,” Riley said

“When we were counted by our government, we were counted only for the purposes of allowing white people, white men, to have a vote.”

By 1950, when he was 6 years old, his family moved to another house, leaving tenant farming. His father took a job in construction.

“My parents wanted the younger kids to have education,” he continued. “The older kids had to work on the farms. By the time I came along, I was the second child born in a hospital. “My parents looked forward to younger kids to have more sense of independence from the economic and social depravities that they saw around them.”

Watching television, he became aware of the suffering under Jim Crow, including the lynching in Mississippi of Emmett Till in 1955 and Mack Parker in 1959.

When he was 13, he joined a picket line in town in front of a variety store chain that did not hire Black people and became active in the Civil Rights Movement. By time he was in high school, he had become a leader in the local chapter of the NAACP and met Malcolm X and later Medgar Evers, leaders who were both assassinated.

Married and with a child, he moved with his family in the early 1960s to San Francisco, attending San Francisco State University while working full time.

He participated in the San Francisco State University strike, the longest student strike in U.S. history, where students and their supporters prevailed in the face of mass arrests and daily violent police attacks.

While many people remember the strike for its historic victory – the creation of the first Black Studies and Ethnic Studies programs in the country. “But open admissions was the thing,” he said. “Open admissions had to do with people being able to go to school for free. People should be able to go to school just because they come here and say, ‘I want to go to school. I want an education’ (because) we live in a rich country.”

Studying Marxism, including dialectical materialism, he gradually began to understand structure of the system that needs to be changed, he said. “It requires a lot of study, and it still does.”

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