When the Supreme Court overturned Roe in 2022, Clarence Thomas argued in a concurrent opinion the court “should reconsider” its past rulings on contraception, same-sex relationships and same-sex marriage.
Two years later, momentum seems to be building for the Court to revisit Obergefell, the landmark 2015 case that legalized gay marriage in all 50 states.
Samuel Alito, who’s criticized Obergefell in the past, appears to be leading the charge.
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The 73-year-old uber conservative justice brought up the decision’s “danger” this week in response to a Missouri case about people being removed from a jury after voicing objections to same-sex relations. Though the Supreme Court rejected the petition, Alito indicted he sides with the state.
He said Obergefell shows how “Americans who do not hide their adherence to traditional religious beliefs about homosexual conduct will be labeled as bigots and treated as such by the government.”
In other words, Alito isn’t worried about queer people being discriminated against. It’s the homophobes who must be protected!
The case at hand, Missouri Department of Corrections v. Jean Finney, is a discrimination lawsuit. Finney is arguing her employer, the Missouri Department of Corrections, discriminated against her because she’s a lesbian. At trial, her attorney asked potential jurors how many of them grew up attending a religious organization that taught homosexuality is a sin.
Finney’s lawyer then moved to strike jurors based on their responses about whether they could set aside their beliefs and render an impartial verdict. Three jurors said they could not and were removed from the pool.
The Department of Corrections contends Finney’s attorney was religiously discriminating against those jurors. The Missouri Court of Appeals upheld the verdict and the state Supreme Court declined to review the case. Those denials prompted Missouri’s Attorney General to petition the conservative Supreme Court.
The Attorney General’s request was denied on a technicality, but not before attorneys general of 13 other states issued their support.
Though Roe was officially overturned in June 2022, anti-abortion lawmakers and judges were chipping away at the law well before then. An increasing number of conservative state legislatures placed restrictions on abortion before the ruling was repealed in full.
We seem to be seeing a similar coordinated effort with gay marriage. In light of Alito’s recent comments, Tennessee Gov. Bill Lee signed a law allowing public officials to refuse to perform same-sex unions. While the bill doesn’t allow officials to deny marriage licenses, state employees are no longer required to solemnize same-sex partnerships.
If you think that sounds like the definition of a slippery slope, you’re not alone. “Let’s be clear — this bill is intended to exclude LGBTQ+ folks from equal protection under the law,” said Molly Whitehorn, a director for the Human Rights Campaign.
Though 39 Republican House members and 12 senators voted for the Respect for Marriage Act, which mandates federal recognition for same-sex and interracial marriage, there’s been an alarming decline in GOP support for same-sex relationships.
Only 40% of Republicans now say they’re in favor of same-sex marriage, down from 56% just one year ago.
Of course, rights are not stripped in one fell swoop; but rather, over the long haul. Red states started with trans sports bans, and now lawmakers in at least 37 states have introduced bills to restrict gender-affirming healthcare.
Tennessee is one of those states. Lee has signed four trans sports bans and barred gender-affirming care for minors. He’s also signed a bill criminalized drag shows on public property or any location where children under 18 could be present.
Only two of the justices on the Supreme Court — Elena Kagan and Sonia Sotomayer — voted to codify same-sex marriage (though Ketanji Brown Jackson believes in the constitutional right to gay marriage as well). The Court, of course, has a 6-3 conservative majority.
Two of those judges, Alito and Thomas, are ardently against marriage equality. It may not be a coincidence that Alito’s latest statement came this week, coinciding with Tennessee’s new law allowing officials to not perform same-sex marriages.
We’ve seen this movie play out before. Another one appears to be starting…
Gabby
There would be civil war, this would never happen.
abfab
Tell that to the survivors.
In addition to singling out Jews for complete COMPLETE! annihilation, the Nazis targeted Roma and Sinti people (Gypsies), black people, artists, Anthroposophists and GAY PEOPLE.
Republicans are the neo Nazis. It would happen, Gabby.
dbmcvey
They did it to Roe and there wasn’t a civil war. Don’t kid yourself.
Kangol2
Jonathan Mitchell, who argued on behalf of Trump concerning the 14th Amendment case before the Supreme Court and who basically authored Texas’s law that helped overturn Roe v. Wade has already said Obergefell v. Hodges is in his crosshairs. He and others like him want to turn back the clock to the 50s…the 1850s, and strip away all the Civil Rights laws and protections generations have fought for. Don’t think they’re going to go down without a fight!
abfab
After 22 years of marriage they can’t take that away from me, noooooooooooo they can’t take that away…………from me. (let em try, right Gabby…it’s not going to happen, BUT if it does we bitches can get pretty bitchy).
And this Alito person. What’s stuck up his ass and what made him this way. Church?
KM201
Re: dbmcvey There wasn’t a civil war because liberals shut down the more militant protests that were happening in the lead up to the repeal of Roe. Instead of encouraging and egging on the protests outside the illegitimate SCOTUS justices homes, they were brutally repressed by the police, shamed by the press and laws were passed *by Democrats* to protect Alito and his ilk from threats to their lives. We need genuine opposition to stand up to these fascists and, unfortunately, we do not have it. Republicans are leading the charge on this, but Democrats are standing out of the way, allowing them to go after us. Until that dynamic changes, we have an increasingly bleak future ahead of us…for more than just our particular rights.
johnCar
A historically ludicrous response to a fascist movement. Ask a woman.
dbmcvey
KM, There will not be a civil war over marriage equality in this country. People aren’t really paying attention. They don’t care if it doesn’t affect them personally.
Ronbo
KM201 is absolutely right, dbmcvey. The Democratic party once stood for something. Now he (we) materially support such things as genocide; our president says that “no redline” that can be crossed… not even a ceasefire! When peace becomes the enemy of our party, money has won.
Yet, President Joe Biden COULD expand and balance the Supreme Court… maybe even to 12 members – just like a jury. There is no Constitutional limit on the size of the Supreme Court. Seems our President just isn’t willing to take action.
As a side note, we will still get marriage recognition if we marry in a foreign nation. Not all nations are owned by Citizens United… yet.
abfab
Ronbo. Take a breath. Shouldn’t you be down at CPAC with you cookout buddy….you know the QUEER ONE?
Don’t forget to vote this week. And say hello to Scott Ridder.
Ronbo
So… abfab thinks that expanding the Supreme Court with Democratic choices is an example of CPAC?!? What a mental mess this extremist has become.
Step back abfab and cool down; your reactive nature and extremism is dangerous to the entire community. We need to remain calm to find solutions to right-wing extremism. Left-wing extremism only causes the situation to spiral out of control. Solutions aren’t reached in fights.
ZzBomb
The right lost their collective minds when they couldn’t fathom how they couldn’t make Obama a one term president. It’s been a down hill slide ever since and now they won’t be satisfied until everyone who they hate lives in a fear under their boot. They’re literally taking victory laps over the death of Nex Benedict over in right wing media sphere. A teenager with their whole life ahead of them, now gone.
Believe Trump when he says his second term would be about nothing but retribution and think about what that’ll not just mean for the country, but you and those you love.
dbmcvey
This has been coming, even if they said they wouldn’t. We shouldn’t be fooled into thinking they won’t overturn Obergefell just like they did Roe.
dbmcvey
This is why it’s important to vote Democrat!
abfab
Muy importante!
Ronbo
These two just don’t see it, do they? The Democrats stepped aside and allowed Roe to be overturned. Democrats did NOT enact abortion rights or gay rights into law when they were urged to take action and had full power to do so.
President Biden could now expand and balance the Supreme Court. These corporate Democrats have NOT taken action; will more such inaction solve our problems? The overturning of Roe just became a political football and campaign cash cow, the same will become of overturning marriage equality.
Albert Einstein is credited with saying that “If you do the same thing over and over again you cannot ever expect a different outcome”. This quote is often paraphrased as “Insanity is doing the same thing, over and over again, but expecting different results”. How many genocides MUST we finance?
abfab
Ronbo……save your stern lectures for your republican sluts brave enough to eat your BBQ.
dbmcvey
Ronbo, what could Democrats have done? It was done by the Supreme Court, it wasn’t done by congress or the President.
Sure, it would have been great if RBG had retired while Obama was President but even then the Repugs would have blocked any nominee. Expanding the court is not something that a President can do on his own, Congress does that.
decrans
Here they come showing up at the same time again. It’s almost as if they’re one person.
Ronbo
dbmcvey. what we could do is expand the Supreme Court with QUALITY individuals who follow law, not extremism. The Supreme Court has been expanded previously – study history. It’s time that we expand it NOW. We own the presidency which selects the candidates AND we own the Senate that approves the candidates. It’s now or never.
abfab, you seem to know “republican sluts” at cookouts. Are you still trying to be straight and black my brother? Try being sincere and constructive – it’s how we won equality. It’s how we bring people back to see our perspective; throwing hissy fits only blows up the situation.
Stache1
This was about jury selection which is standard and routine. Say if they had a black defendant and you had potential jurists that had racist beliefs.
No one gives a shit what your chosen traditional religious beliefs are. You are free to be a bigoted piece of shit. If you don’t wanna be labeled as bigot than just don’t be a bigot. Seems pretty simple to me.
abfab
Or even make up lies to get off from serving jury duty. Nobody does that!
Kangol2
“Say if they had a black defendant and you had potential jurists that had racist beliefs.”
You do realize this has been a constant in US history up through today, right?
abfab
Can I getta witness!
dmarcus
The conservative gays who likes to comment in support of Republicans and the Southern states are suddenly really quiet now.
abfab
Waiting on word from Central Control.
dbmcvey
decraps has already come out against marriage equality and the person Barren supports is responsible for overturning Roe. This may not be a winner for them.
decrans
What society should be about is encouraging what’s best for children. What’s best for children, we know, is a mother and a father who are the parents of that child, raising that child in a stable, married relationship, and we should have laws that encourage that, that support that. I always mention the next push: polyamory. Here’s what I saw first hand at a polygamous genderqueer commune (an account published at the Harvard Gay and Lesbian Review under my trans deadname, Winter Breedlove): Men and women openly screwing other people right in front of their kids. It’s why I started to question whether the social conservatives had a point all along. Life comes at you fast. Like Margaret Thatcher said, I started turning conservative at age 37. Margaret knows, hunni.
Bosch
What’s best for children, decraps, is seeing healthy monogamous relationships. You know what perpetuates those things? Marriage, straight and gay.
decrans
That’s well and good. However, a vociferous faction exists in the latter community pushing for the legal recognition of polyamorous relationships (correlated with Barron’s point below.)
Bosch
Yes but they’re not going after polygamy, are they? They’re going after gay marriage.
Which state has been trying to legalise polygamy? Utah. And is it because of the gays? No, it’s because of the Mormons.
I get that no one wants to marry you, but you can at least let other people happy.
dbmcvey
Yep, decrans opposes our rights. He should be reviled.
decrans
Oh, dumb little Robot Bones. Talking from another country. Try Googling Somerville, Mass.
dbmcvey
So, decraps, if it’s about encouraging what’s best for children you must be in favor of a weapons ban.
dbmcvey
A city in Massachusetts allows for more than one domestic partner and decraps thinks this somehow endangers children?
Children do better if they have a support system. Not sure how this affects this negatively.
decrans
I am. I’m also against “gender affirming care” for minors with undeveloped brains. Consistency. Look into it.
decrans
Not sure how a polyamorous support system works with multiple fly-by-night partners tramping through.
dbmcvey
decraps, you didn’t answer. You’re in favor of gun bans?
dbmcvey
If they’re registering as domestic partners they’re not “fly by night” how stupid are you?
Also, in your alleged efforts to protect children are you supporting gun bans?
decrans
In a polyamorous relationship, certain character traits are reported as necessity, of which include; patience, highly evolved communication skills, trust, open dialogue, mindfulness of what one is feeling and what one’s partner/partners’ are feeling, respect for one another, “rules” of each other’s needs and wants must be followed, a lack of jealousy is necessary otherwise it could get ugly, etc. Dickvaney, that is not appropriate conditions for a child. Most Americans would agree beyond Los Angeles Lala land. It’s called common sense.
decrans
Gun bans are pie-in-the-sky ideals. It’s been going on my entire life. A tale as old as time, Taylor Swift.
dbmcvey
So, unsurprisingly, you’re not concerned about something that does hurt children–guns, and you’re freaking out about something that has very little impact-polyamory.
Yeah, decraps has really messed up priorities.
decrans
I care about it. Will it ever change considering the Second Amendment is enshrined in the Constitution? Not likely.
decrans
In a Columbia University paper, sociologists posited the realities of polyamory succinctly. “In studies across a wide range of cultures, stepparents have been found to spend less money on education and food, and to spend less time interacting with their stepchildren than their biological children … The single best predictor of child abuse is the presence of a stepparent in the home.”
It doesn’t bode for your continued radicalism, Dickvaney. When children are involved, expect pushback.
dbmcvey
All this fake concern for children is really just about your own homophobia. You aren’t concerned about the real dangers.
decrans
Nope. I’m a survivor of the pitfalls and loopholes of your failed ideology, Dickvaney. And guess what, sweetie? I will talk about my lived-in experiences. In fact, as of next week, I will be paid by a top conservative blog to talk about LGBT issues this election season a la the trans commentator, Sara Higdon in the Post Millennial. Deal with it.
dbmcvey
No. You’re a homophobe who doesn’t really care about the welfare of children.
decrans
Same to you. Otherwise, you wouldn’t be shrugging at the autistic lesbian teen who chopped her breasts off in an attempt to trans the gay away vis-a-vis the New York Times. What to do about that societal issue, Dickvaney? (Shrugs)
dbmcvey
Just raising a lot of ire over another issue that isn’t really that important under the smoke screen of “protecting children”. First you freak out over trans people and now polyamory, while ignoring real issues like child abuse, religious abuse and guns.
decrans
A sexual assault survivor misdiagnosed as trans while you partake in tribalism (“Live your inner truth, Miss Thang!”) is important. And it’s literally decimating your cherished trans movement as I type this sentence. People are peaked, Diversion Dick. Step outside your bourgeoisie WeHo vacuum.
decrans
And you ignore libbed out parents transing their kids as political trophies. Exhibit A: HBO’s “Transhood” documentary. You turn your blind eye to child abuse purely for political optics. It’s rather sick, Diversion Dick.
decrans
The government has no business incentivizing any type of romantic or non-romantic behavior. Typically, since children are vulnerable sans a fully developed prefrontal cortex until age 25, government looks out for their best interests. Not Dickvaney’s interests because he wants to bust out a nut with partner No. 7. The reason local government gives marriage licenses is not to legislate sexual morality or to meddle in people’s romantic affairs. It’s to have on record that any children who might come from that biological union will be taken care of by their biological parents. While most human beings relish being in love, the heart-pounding feeling of “being in love” isn’t often sustained over time. And kids are typically left holding the leftovers. Putting kids into situations with 10 different partners only complicates this dynamic.
dbmcvey
decraps, if everything you’ve said is true, you were an adult when you “transitioned”. This isn’t about you wanting to protect children, it’s about you wanting to prevent adults from making decisions about their own bodies and lives.
decrans
It’s about protecting children about what I went through as an adult, Diversion Dickvaney.
Kangol2
@dbmcvey, you see how Detrans cannot take responsibility for their actions. “Nope. I’m a survivor of the pitfalls and loopholes of your failed ideology, Dickvaney.” They’re projecting onto YOU their own failures and confusion. As I said a long time ago, Detrans should have gotten psychological counseling and support when needed, but they were and are an adult who made choices they regret, and now are blaming everyone else. As you and others point out, polyamory is not restricted to LGBTQ people, and there is a long history of it among heterosexuals, including throughout US history. In fact, there were 19th century polyamorous, heterosexual communities in New England, some of them linked to the early free-love and Transcendentalist movements.
decrans
And they’re not around anymore, Kangol. You are literally the same person tut-tutting the patriarchal constructs of Utah polygamy. Meanwhile, let’s enact this across the board with the other hand. When you make it make sense in your own brain, it might stand a chance at a wider implementation.
decrans
I’ll say it again, Kangol. I do take responsibility for my actions. Do you take responsibility for the New York Times’s autistic lesbian teen with lobbed off breasts and scant insurance codes to rectify it? Beep me when you do.
Fname Optional Lname
Funny how they always only seem to bring up “sin” when it comes to LGBTQ people but they would never mention it when other ‘sinners’ are involved. They would never ask potential jurors about their religious beliefs if a divorced person was the defendant.
When it comes to gay people they are also assuming if you are gay, you are “sinning”.
There are plenty of gay and straight married couples who have been together so long – sex is just not on the menu. There are plenty of single gay people not “sinning” for whatever reason. Being gay doesn’t make you a sinner, the act of “man lying with man” is the sin.
Baron Wiseman
“Only 40% of Republicans now say they’re in favor of same-sex marriage, down from 56% just one year ago.”
And why do you think there is now a 16 point swing the other way?
abfab
It’s gone the other way because of your awesome and amazing proselytizing. Nice work.
Now you can rest easy. You will be a spinster now and forever so this trend excites and validates your sad and lonely existance. Perhaps in your next life you will become a happy Gay man. For now, forget about it.
40%
Baron Wiseman
The 16 point swing (which is quite a bit) is because of the transgender issue. As decrans and others on these pages have stated, the trans issue is dragging the gay community backwards.
It is unfortunate for the gay community, but the extremism from the far left trans community is taking it’s toll on LGB.
Bosch
It’s because the republicans decided in 2016 that all things LGBT should be the new political scapegoat.
And you help them perpetuate this nonsense.
Stache1
Yup. Of course they were gonna go after LGBTQ right after Roe. Rethug’s need Social issues to run on since they don’t have any platform that helps anybody outside of their 1% donors. The trans issue was just a ruse.
dbmcvey
Spin Barren, spin.
dbmcvey
Barren, because Republicans march in step with their MAGA overlords.
barryaksarben
it is YOU dear Baron it isa all you and your hard work here on this gay site. you are so articulate and clear in your ongoing struggle with your own homosexuality. We. bleed for you dear baron and then we laugh at jsut how skin stupid you truly are . I dont even bother reading your Anitra’s anti gay bullshit anymore as do the rest of us or to your other bigoted. ridiculous screen names so again dearest baron GFY. ta ta dear
decrans
And yet, he replies.
LumpyPillows
Baron is not wrong. The left, as it always does, pushed too far into crazy time and undercut us. At some point the baby does get thrown out with the bath water. At least by a lot of people. We couldn’t just support trans people, we had to deify them and defy logic with trans women are women and allowing men to compete with women – the height of misogyny. They did it with pronouns too. I hope we don’t lose this, but if we do, I blame you leftist social terrorists.
decrans
And polyamory is right around the pike. I always remember my progressive weed bro from Los Angeles. When he saw gay dudes shaking their dongs in children’s faces at a gay pride parade, he peaked.
dbmcvey
Polyamory affects such a small number of people, unlike gun violence.
decrans
Here comes Diversion Dickvaney. What he fails to grasp? Gun rights are deeply embedded in our Constitution. Reinventing social norms for sexual narcissists when children are affected. Not in the Constitution last I checked. It’s a new right yall want and already kids are damaged. You don’t care. So long as you can get your nut off.
DavidIntl
Baron is absolutely correct. I have friends who are trans who I fully support. But there have been elements of that movement – trans women dominating a women’s sport, or kids transitioning while in elementary school – that have, not surprisingly, caused a big pushback, to the detriment of the gay community as well.
Kangol2
The right-wing fanaticism driven by evangelical Christians, Mormons, Roman Catholics, etc., as well as leading right-wing leaders who constantly militate against same-sex marriage. That’s why!
Ronbo
Kangol, People in those SAME groups supported gay equality just a few years back. What is different now? Might it be that trans woman’s sports and child transitioning is the difference? Even for a few?
smittoons
But her emails…
Fahd
When Senator Ted Kennedy voted against confirming Alito to the Supreme Court, he noted that Judge Alito had never once ever, never ever taken the side of the underdog in any of his rulings. So, what do people expect.
It´s concerning to see Alito emerge from his shell now that the T*ump plants are on the Court, and I would not be at all surprised if the Court acts to make same-sex marriage a State issue, like they did abortion. People should be working on getting same-sex marriage protections into State constitutions, while at the same time hoping/praying for some radical changes — however that might happen — in the current Supreme Court.
Openminded
All good points, but how do we in TN get something like this passed? I’m afraid the MAGA movement has taken off like a rocket. Our only hope is that it runs out of steam real soon. The only good thing I know is that the pendulum never stops swinging and the swing towards MAGA control is surely near the top, which means it will hopefully change directions soon. Sadly, it’s a slow swinging change.
abfab
Don’t give up.
Bosch
Conservatives want the gay world to be closeted and promiscuous, because then it’s easier to find desperate “discreet” guys to bang who won’t go telling people.
They hate gay marriage, but they love gay sex.
Jim
Christian Natiionalism is a clear and present danger to our Republic
dbmcvey
Barren and decraps showing up at pretty much the same time. Their handlers must have just sent the email on how to handle this
I’m still not sure what their endgame is here. If they’re trying to get gay men to vote against Biden this isn’t a really effective method.
decrans
Similar to Dickvaney showing up at the same time with his various sock puppet accounts, I imagine…
dbmcvey
Such irony decraps talking about sock puppets. It’s not a surprise you trolls all show up at the same time.
decrans
Like you and Trumpy McAbs? You don’t say!
Mister P
If the civil rights are taken form the trans community then they will be taken away from the rest of us. We must stand together for equality.
I think we can all agree with republicans though in that we don’t Sharon Wideman or decraps either.
dbmcvey
Absolutely. Conservatives have been planning this since Obergefell. It’s not because of trans people. They were always going to come after us as well as birth control and choice.
inbama
@Mister P
That’s right – keep the faith, baby!
We should double the number of “Drag Queen Story hours,” jail parents who won’t respect their kid’s preferred pronouns, and make misgendering a federal hate crime with a five year sentence.
The country will thank us.
abfab
Get out more. You’re begining to stink again.
dbmcvey
inbama, you psychotic raisin. Why do you care if parents take their children to a drag queen story hour? If you really cared about children you’d be trying to get them to read more and working against things that really harm them like book bans, anti-vaxxers and guns.
decrans
Because a grown person shaking their ass in a child’s face who cannot consent is not appropriate. Aren’t yall the same imbeciles prattling on about consent?
LumpyPillows
What rights are they losing?
buckhill2
We have to be there to challenge Loving v Virginia. The right to interracial marriage was decided by the court. It’s no different an argument, Jim Crow was justified by religious beliefs. Sorry @MichelleObama , we need to go low because they’ve hit rock bottom.
Kangol2
“Jim Crow was justified by religious beliefs,” yes, but also by widespread and ever-increasing 19th and 20th philosophical and scientific racism, including eugenics, longstanding anti-Black, anti-Indigenous and anti-Asian racist ideology in the US going back to the colonial period and the European Enlightenment, many of whose leaders (Kant, etc.) were avowed racists, etc. So Jim Crow had many legs it stood on, including conservative versions of Christianity.
barryaksarben
But. win their defense BIGOTS ARE BIGOTS so too damned bad if they are perceived as that
LumpyPillows
There are penalties for losing elections. Flapping your gums and alienating voters has ramifications. The best hope is that abortion gives us enough of an edge to not lose this year’s election. I think it’s enough, but I’m not confident you nuts don’t screw it up with your nonsense.
decrans
Diversion Dickvaney will find a way.
inbama
This is where Biden’s age is a problem. He has a strong record (except on inflation), and he says all the right words – just not with the force that’s needed.
abfab
Your wet dream for the evening………..Strong Words for Inbama
George W Bush beat Trump to it and made that path easier. ”The Grand Old Party…..lies which lead to war.” (that we lose)
MISSION ACCOMPLISHED!
Strong. Force.
inbama
My dream candidate would be Tammy Duckworth, but she’s the wrong ethnicity, so it’s not going to happen.
Kangol2
As always, it’s going to come down to White voters. Will enough White voters, particularly White women, vote against Don the Con, given how he has enabled the steady and violent roll-back of women’s reproductive autonomy and access, or not? Just look at right-wing Alabama, where IVF treatments could be criminalized; hardcore right-wing Republicans like Mike Pence have touted their children born as a result of IVF. Will enough White women voters say enough is enough? A majority of White women have voted for the Republican candidate (over Biden, Clinton, Obama twice, Kerry, Gore, etc.) for the last 6 or so elections, I believe. I say this acknowledging that Biden has the blood of Gaza on his hands, but I also realize that if Don the Con were in office, he’d be supporting Netanyahu just as much, perhaps even more.
LumpyPillows
I agree with you, Kang.
Invader7
Hopefully ALL of the creepy Neo NAZI right wing justices will die and be replaced by liberal justices. In the meantime, Americans disregard the increasingly white Neo Fascist Christian zealotry rising up in the USA. I say PHUCK the Supreme Court and some its heinous rulings.