• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Film/TV/Stream
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Tech/Science
  • Royals
  • Monkeypox

This Year at the Supreme Court: Gay Rights, Gun Rights and Native Rights

Morgan Marietta, The Conversation October 3, 2019 Leave a Comment

supreme court

The Supreme Court begins its annual session on Oct. 7 and will take up a series of cases likely to have political reverberations in the 2020 elections.

Major cases this year address the immigration program for young people (“Dreamers”) known as DACA, the Affordable Care Act (again), and public money for religious schools.

Justices will also consider cases that involve several aspects of defendants’ rights: whether criminal convictions require a unanimous jury, minors can be given a life sentence and a state can abolish the insanity defense.

Some of the most important rulings will address the recognition of rights by the conservative court: gay rights, gun rights and Native rights.

These cases focus on perhaps the deepest divide on the court: Should the justices base their rulings on the contemporary meaning of words in our laws (or in the Constitution itself) as the public understanding of those concepts changes over time?

Or should they insist that our laws can only be changed from their original meaning by the country’s democratic representatives, who are directly accountable to the people?

Gay rights

The justices will consider three cases on LGBT employment rights.

Gerald Bostock was fired by Clayton County, Georgia, because he is gay. Donald Zarda was fired from his job as a tandem sky-dive instructor for being gay (before his death in a BASE-jumping accident). Aimee Stephens transitioned from male to female identity and was fired from her job as a funeral director.

These cases turn on one word’s meaning: the word “sex” in Title VII of the Civil Rights Act of 1964.

Does “sex” mean what legislators thought it meant when the law was passed, barring discrimination against women? Or should it be interpreted more broadly now to mean discrimination against any aspect of sexuality?

Gun rights

It has been almost a decade since the court recognized a fundamental right for individual citizens to bear arms. That case was MacDonald v. Chicago, from the city with the highest total number of gun deaths in the nation.

Since that time, the looming question has been what sort of restrictions would be considered constitutional.

New York State Rifle & Pistol Association v. New York City puts this question to the test. Licensed gun owners were prevented from transporting firearms outside of their homes, even to a second home or to a shooting competition outside the city. The court must decide if this is a reasonable regulation that leaves the essential right to bear arms intact.

In the midst of growing concern over mass shootings, the ruling may have ramifications for future attempts at gun regulations.

To raise the political stakes even further, five U.S. senators in their now infamous “enemy-of-the-Court” brief threaten that if the court does not dismiss the case, the Senate will have to consider adding more justices to the court in an attempt to shift its partisan balance, known as “packing the Court.”

Native rights

The least-known but potentially most important case of the year is not about widely-discussed gay rights or gun rights, but about Native rights.

Sharp v. Murphy began as a dispute over jurisdiction in a murder prosecution. But it has become a potentially influential case about who represents the rightful government of Eastern Oklahoma.

The historic reservations of the Cherokee, Chickasaw, Choctaw, Creek and Seminole Nations comprise 40% of Oklahoma land. These tribes were forcibly removed from the eastern U.S. to the Oklahoma Territory in the 1830s, some making the journey along the infamous Trail of Tears.

Since then, parts of their reservation land have been seized by the state government or sold to private citizens, so they are no longer part of the reservation. This includes the city of Tulsa.

The argument in the case is that according to the original treaties the petitioners are asking the court to uphold, those lands are rightfully still under the government of the tribes. What exactly this means in terms of ownership and governance is unclear.

This may at first appear to be a small case about a piece of the American West. But if the Native rights claim is recognized by the court, it may also apply in later cases to a surprisingly large proportion of the United States that was once “Indian country” under official treaties. That is why 10 states filed a friend-of-the-court brief arguing against the Native rights claim.

file 20191001 173393 1qj8jza.png?ixlib=rb 1.1
A map submitted as an exhibit in the Supreme Court case about the boundaries of tribal reservations in Oklahoma. Supreme Court

Bigger implications

The Native rights claims at issue are not individual rights of the type the U.S. Constitution generally contemplates. They are rights held by an ethnic group. The question of who belongs to the group – and hence has access to the group right – is a divisive one because any answer includes some members while excluding others who claim the same identity.

It also is reminiscent of another proposed group right that is being debated in American politics: reparations. This summer the U.S. Congress held contentious hearings to discuss possible payments as reparations for slavery.

But payments to whom? Both Native Americans and African Americans share a distinct problem yet to be solved: how to determine who is a member of the group.

So in the case of reparations: Would they be paid only to direct descendants of slaves? To all African American descendants no matter when their progenitors arrived in the U.S.? To all people who have any black ancestors regardless of their current status or wealth?

Many Native tribes use what’s called the “blood quantum” approach, which forces individuals to document their lineage and proportional ancestry to prove membership. But scholars in this area argue that this approach is fraught with complications in many contexts.

Election 2020

Democratic presidential hopefuls have already grappled with questions around tribal membership and the country’s history of racism. Sen. Elizabeth Warren has dealt with a damaging controversy over her claims to Native American ancestry. Former Vice President Joe Biden has come under fire for his earlier opposition to reparations.

In terms of both legal and political influence, Sharp v. Murphy is a case with potentially major ramifications. And with the combined focus on politically divisive issues like gay rights, gun rights and Native rights, this year’s docket is likely to have an unusually strong presence in the 2020 campaigns.

[ Like what you’ve read? Want more? Sign up for The Conversation’s daily newsletter. ]The Conversation

Morgan Marietta, Associate Professor of Political Science, University of Massachusetts Lowell

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Topics: Deaths, History, Supreme Court, towleroad More Posts About: Guns, law, SCOTUS

Related Posts
  • Hong Kong law firm Vidler & Co, which handled protest-related cases, to close after 19 years
  • Judge dismisses charge against U.S. teen Rittenhouse for possessing rifle
  • Boy Scouts Lawsuit Settlement Approved By Judge; But Insurers Oppose, Saying Some of 82K Sex Abuse Victims’ Cases May Be Lies
  • U.S. Supreme Court asks Maryland to bar protests at justices’ homes

    U.S. Supreme Court asks Maryland to bar protests at justices’ homes

    Published by Reuters By Jonathan Landay WASHINGTON (Reuters) – The U.S. Supreme Court’s top security officer has asked Maryland Governor Larry Hogan to enforce laws barring picketing outside the Maryland homes of high court justices, saying …Read More »
  • New York moves to enshrine abortion rights in state constitution

    New York moves to enshrine abortion rights in state constitution

    Published by AFP The New York state senate — seen here in June 2011 — took action on Friday July 1, 2022 to add the right to an abortion to the state's consitution. New York (AFP) …Read More »
  • As ‘don’t say gay’ law takes effect in Florida, confusion reigns over classroom rules

    As ‘don’t say gay’ law takes effect in Florida, confusion reigns over classroom rules

    Published by Orlando Sentinel ORLANDO, Fla. — The new Florida law dubbed “don’t say gay” by its critics kicked in Friday, banning instruction on sexual orientation and gender identity in primary grades — and creating fears …Read More »
  • What charges might Trump face for trying to overturn 2020 election?

    What charges might Trump face for trying to overturn 2020 election?

    Published by Reuters (Corrects paragraph 15 to attribute testimony about Trump throwing a plate to Cassidy Hutchinson, not Kayleigh McEnaney; corrects name of judge in paragraph two to David Carter, not Andrew Carter) By Luc Cohen …Read More »
Previous Post: « Not Even Global Apocalypse Can Stop Matt from Recruiting Dan to Do His ‘Webisodes’ — WATCH
Next Post: Trump Calls on Ukraine and China to Open ‘Major Investigation’ into Political Opponent Joe Biden »

Primary Sidebar

News

  • Trump foe Liz Cheney has not ruled out 2024 US presidential run

    Trump foe Liz Cheney has not ruled out 2024 US presidential run

  • New York bans guns in many public places after Supreme Court ruling

    New York bans guns in many public places after Supreme Court ruling

  • Ohio police officers shot fleeing Black man dozens of times, lawyer says

    Ohio police officers shot fleeing Black man dozens of times, lawyer says

RSS Partner Links

  • Yes, Abortion Ruling Means Gay Marriage Is Imperiled + Butch Patrick Joins MUNSTERS Reboot + Bodega Bro Needs Some Bread + MORE! — 6-PACK
  • Sunday Round-Up: Cynthia Erivo; Danny Roberts; JP Karliak; Ricky Martin; Elliot Page; Adele
  • Showtune Sunday: All About Betty Buckley!
  • John Barrowman and Scott Gill, together 28 years, celebrate ninth wedding anniversary
  • Sunday Comics
  • Speedo Sunday
  • Natalie Portman, Idris Elba, & More Stars Check Out Adele's Hyde Park Performance in London!

Most Recent

  • Silvio Berlusconi’s ex-partner Francesca Pascale marries singer girlfriend Paola Turci amid global Pride celebrations

    Silvio Berlusconi’s ex-partner Francesca Pascale marries singer girlfriend Paola Turci amid global Pride celebrations

  • U.S. Supreme Court asks Maryland to bar protests at justices’ homes

    U.S. Supreme Court asks Maryland to bar protests at justices’ homes

  • New York moves to enshrine abortion rights in state constitution

    New York moves to enshrine abortion rights in state constitution

  • As ‘don’t say gay’ law takes effect in Florida, confusion reigns over classroom rules

    As ‘don’t say gay’ law takes effect in Florida, confusion reigns over classroom rules

  • What charges might Trump face for trying to overturn 2020 election?

    What charges might Trump face for trying to overturn 2020 election?

  • Kenny Goss: I didn’t want to be Mrs George Michael

    Kenny Goss: I didn’t want to be Mrs George Michael

  • Adele feels ‘mortified’ over Las Vegas residency

    Adele feels ‘mortified’ over Las Vegas residency

  • Biden predicts states will try to arrest women who travel for abortions

    Biden predicts states will try to arrest women who travel for abortions

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy
[towleroadmr] [towleroadtn]

Footer

Copyright © 2022 · Log in