Tags: Gay Marriage | Supreme Court | Supreme Court | Gay Marriage | Roberts

Supreme Court Opens Without Gay Marriage, Yet, on Docket

By    |   Monday, 06 October 2014 07:27 AM

The U.S. Supreme Court's new term, which begins Monday, could well be remembered for the cases not yet scheduled, The Wall Street Journal  reported.

Court watchers widely expect the justices will agree to take on cases that will spell out whether the U.S. Constitution protects single-sex marriage. Petitions to review cases from lower courts have been filed from five states.

"The blockbuster case that will likely define the U.S. Supreme Court's 2014-2015 term isn't even on the high court's docket yet," according to The Christian Science Monitor.

In United States v. Windsor, a 2013 case, the court in a 5-4 ruling said Section 3 of the Defense of Marriage Act is unconstitutional, and that Fifth Amendment protections apply to gay married couples with regard to federal benefits, according to SCOTUS Blog.

The legacy of Chief Justice John Roberts, who is going into his 10th term, could be defined by whether the court establishes a right to same-sex marriage, The New York Times reported.

Besides the anticipated cases involving gay marriage, among the 50 or so cases the court has announced it will take up are those dealing with Obamacare tax credits, abortion, and affirmative action.

Other cases drawing interest include:
  • Zivotofsky v. Kerry, about an American boy born in Jerusalem who wants his passport to show he was born in Israel. The U.S. does not recognize Israeli jurisdiction over any part of the city.
  • Elonis v. United States asks whether a violently intimidating rap song posted on a Facebook page can be considered a genuine threat for which a person can be held criminally responsible, according to the Monitor.
  • The case of EEOC v. Abercrombie & Fitch was brought on behalf of a Muslim girl who didn't get a sales job because she wore a headscarf in contravention of the store's dress code. The justices will decide if a firm can be punished for failing to accommodate the religious needs of a job applicant even if she did not specifically request such consideration, the Monitor reported.
  • In Young v. United Parcel Service, the justices will determine whether a pregnant UPS driver has a constitutional right to be put on light-duty even though that benefit is not explicit in the collective bargaining agreement at the shipping company, the Monitor reported.

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The U.S. Supreme Court's new term, which begins Monday, could well be remembered for the cases not yet scheduled.
Supreme Court, Gay Marriage, Roberts
Monday, 06 October 2014 07:27 AM
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