• disguy_ovahea@lemmy.world
    link
    fedilink
    arrow-up
    9
    arrow-down
    1
    ·
    edit-2
    2 years ago

    SCOTUS doesn’t write legislation, they interpret the Constitution to rule on existing cases. They couldn’t criminalize being gay on their own. If a new case on gay marriage were brought to SCOTUS, the most they could do is overturn US v. Windsor, removing federally recognized gay marriage and federally protected gay marriage benefits.

    Congress, however, could potentially criminalize being gay with legislation, unless vetoed by the President or challenged during SCOTUS’s judicial review.

      • disguy_ovahea@lemmy.world
        link
        fedilink
        arrow-up
        4
        arrow-down
        1
        ·
        2 years ago

        It absolutely still is, they just have the full trifecta now, so there’s no accountability. If SCOTUS makes an unjust ruling, it’s Congress’s job to challenge it. If Congress writes and votes for unjust legislation, it’s the President or SCOTUS’s job to challenge it.

        The Constitution can’t be discarded by any branch, and requires 2/3 majority to amend through Congress. However, infringement could be outright ignored by those charged with checking the power of the other branches.

        • WhatAmLemmy@lemmy.world
          link
          fedilink
          English
          arrow-up
          8
          arrow-down
          5
          ·
          edit-2
          2 years ago

          Liberals, man. Straight delusional, not far behind MAGA.

          “This piece of paper says you can’t do this, fascist executioner”

          • prole@lemmy.blahaj.zone
            link
            fedilink
            arrow-up
            8
            ·
            2 years ago

            I think people either just don’t understand the magnitude of this, or are in denial. But it will become pretty hard to deny in a year or so, I’m afraid.