Red Bluff Daily News

April 28, 2015

Issue link: https://www.epageflip.net/i/502512

Contents of this Issue

Navigation

Page 12 of 15

ByMarkSherman The Associated Press WASHINGTON Tuesday is a potential watershed mo- ment for America's gay and lesbian couples. After rapid changes that have made same-sex marriage legal in all but 14 states, the Su- preme Court will hear ar- guments over whether it should be the law of the land. All eyes will be on the justices for any signals that they are prepared to rule that the Constitution forbids states from defin- ing marriage as the union of a man and a woman. On the sidewalk outside, peo- ple have been waiting in line since Friday for prized seats for the historic argu- ments. The cases before the court come from Kentucky, Michigan, Ohio and Ten- nessee, all of which had their marriage bans upheld by the federal appeals court in Cincinnati in November. That is the only federal ap- peals court that has ruled in favor of the states since the Supreme Court in 2013 struck down part of the fed- eral anti-gay marriage law. The first state to allow gay and lesbian couples to marry was Massachu- setts, in 2004. Even as re- cently as October, barely a third of the states permit- ted it. Now, same-sex cou- ples can marry in 36 states and the District of Colum- bia, a dramatic change in the law that has been ac- companied by an equally fast shift in public opinion. Now that everyone else has weighed in through mountains of legal briefs, the justices get to say, or at least hint, what they will de- cide. On Tuesday, five law- yers will present arguments over 2½ hours to help the court conclude whether, on this question, the 14 re- maining states must join the rest of the country. The main thrust of the states' case is to reframe the debate. "This case is not about the best marriage defini- tion. It is about the fun- damental question regard- ing how our democracy re- solves such debates about social policy: Who decides, the people of each state or the federal judiciary?" John Bursch, representing Michi- gan, wrote in his main brief to the court. Other arguments by the states and more than five dozen briefs by their de- fenders warn the justices of harms that could result "if you remove the man- woman definition and re- place it with the gender- less any-two-persons defi- nition," said Gene Schaerr, a Washington lawyer. The push for same-sex marriage comes down to fairness, said Mary Bon- auto, who will argue on be- half of the plaintiffs. The people who have brought their cases to the Supreme Court are "real people who are deeply committed to each other. Yet they are foreclosed from making that commitment simply because of who they are," she told reporters last week. Arguments made by Bonauto, other lawyers for same-sex couples and more than six dozen supporting briefs have strong echoes of the 1967 Loving v. Virginia case, in which the Supreme Court struck down state bans on interracial mar- riage. In that case, the jus- tices were unanimous that those bans violated the con- stitutional rights of interra- cial couples. No one expects unanim- ity this time. But many be- lieve the justices will take the final step toward what gay rights supporters call marriage equality, in part because they allowed orders in favor of same-sex couples to take effect even as the is- sue made its way through the federal court system. That was action through inaction, as other judges played a major role over the years. Only 11 states have granted marriage rights to same-sex couples through the ballot or the legislature. Court rulings are responsi- ble for all the others. Forty-three years ago, the Supreme Court swept away the appeal of two men who wanted to marry in Minne- sota in just one sentence: The court dismissed the case of Baker v. Nelson be- cause the justices concluded there was no "substantial federal question" to decide in 1972. "That did not work out well because the country was not ready to see us in the way it sees us now," said James Esseks, leader of the American Civil Liberties Union's gay rights effort. More recently, the Su- preme Court has advanced rights for gay and lesbian Americans in three deci- sions dating back to 1996, each written by Justice An- thony Kennedy. In the most recent, in 2013, the jus- tices divided 5-4 and threw out part of the federal De- fense of Marriage Act that prevented legally married same-sex couples from re- ceiving a range of benefits. Kennedy, joined by his four more liberal colleagues, ex- plicitly left open the issue now before the court in an opinion that mixed his well- known belief in individual dignity with his views on the important role of the states in American democ- racy. LANDMARK CASE GaymarriageargumentsarriveatSupremeCourt CLIFFOWEN—THEASSOCIATEDPRESS Sean Varsho, 28, of Chicago, le , and Brandon Dawson, 26, of Warrantor, Va., have been waiting in line for days for a seat in the Supreme Court hearing on gay marriage, sit on Monday in Washington. By Sadie Gurman The Associated Press CENTENNIAL, COLO. A prosecutor declared Mon- day that two mental health evaluations found Col- orado theater gunman James Holmes to be sane. It was the first public word on what different psychiatrists determined after examining the for- mer neuroscience student accused of killing 12 people and wounding 70 at a mid- night "Batman" premiere. The statement by Dis- trict Attorney George Br- auchler marked the start of a long-awaited, lengthy and emo- t i o n a l l y w r e n c h - ing trial to determine if he'll be executed, s p e n d his life in prison, or be com- mitted to an institution as criminally insane. Holmes pleaded not guilty by reason of insan- ity to 166 counts, includ- ing first-degree murder, attempted murder and an explosives offense, after the mayhem he caused in suburban Denver on July 20, 2012. It remains one of America's deadliest shoot- ings, and that Holmes was the lone gunman has never been in doubt. He was ar- rested at the scene, along with an arsenal of weapons on his body and in his car. His fate depends on whether a jury agrees that he was unable to know right from wrong because of a mental illness or de- fect three years ago, when he slipped into the mid- night Batman premiere, unleashed tear gas and marched up and down the aisles, firing at people who tried to flee. "Through this door is horror. Through this door are bullets, blood, brains and bodies. Through this door, one guy who thought as if he had lost his career, lost his love life, lost his purpose, came to execute a plan," said Brauchler, standing before a scale model of the theater. "Four-hundred people came into a boxlike theater to be entertained, and one person came to slaughter them," the prosecutor said. Holmes sat quietly as Brauchler played a video recording of one of the psychiatric evaluations. In it, Holmes told a doctor he "only counts fatalities," and described the people he wounded as "collateral damage." Each side was allowed two hours for opening statements, with public defenders Daniel King and Katherine Spengler follow- ing his presentation. Defense lawyers say Holmes was in the grips of a psychotic episode and could not tell right from wrong when he went on the rampage. His parents, Robert and Arlene Holmes, in pleading for his life, have called their son a "hu- man being gripped by a se- vere mental illness." COLORADO TRIAL Prosecutor: 2 exams found Holmes to be sane Holmes By Jessica Gresko and Tom Foreman Jr. The Associated Press BALTIMORE Rioters plunged part of Baltimore into chaos Monday, torch- ing a pharmacy, setting po- lice cars ablaze and throw- ing bricks at officers hours after thousands mourned the man who died from a severe spinal injury he suf- fered in police custody. The governor declared a state of emergency and called in the National Guard to restore order. Seven officers were hurt, some with broken bones, and one was unresponsive, said Capt. Eric Kowalczyk. Officers wearing helmets and wielding shields occa- sionally used pepper spray to keep the rioters back. For the most part, though, they relied on line formations to keep protesters at bay. Monday's riot was the lat- est flare-up over the mys- terious death of Freddie Gray, whose fatal encoun- ter with officers came amid the national debate over po- lice use of force, especially when black suspects are in- volved. Gray was African- American. Emergency officials were constantly thwarted as they tried to restore calm. Fire- fighters trying to put out a blaze at a CVS store were hindered by someone who sliced holes in a hose con- nected to a fire hydrant, spraying water all over the street and nearby buildings. The smell of burned rub- ber wafted in the air in one neighborhood where youths were looting a liquor store. Police stood still nearby as people drank looted al- cohol. Glass and trash lit- tered the streets, and small fires were scattered about. One person from a church tried to shout something from a megaphone as two cars burned. Gray's family was shocked by the violence and was lying low; instead, they hoped to organize a peace march later in the week, said family attorney Billy Murphy. He said they did not know the riot was going to happen and urged calm. "They don't want this movement nationally to be marred by violence," he said. "It makes no sense." Police urged parents to locate their children and bring them home. Many of those on the streets ap- peared to be African-Amer- ican youths, wearing back- packs and khaki pants that are a part of many public school uniforms. The riot broke out just as high school let out, and at a key city bus depot for student commuters around Mondawmin Mall, a shop- ping area northwest of downtown Baltimore. It shifted about a mile away later to the heart of an older shopping district and near where Gray first encoun- tered police. Both commer- cial areas are in African- American neighborhoods. Many who had never met Gray gathered earlier in the day in a Baltimore church to bid him farewell and press for more accountability among law enforcement. BALTIMORE Riots erupt a er funeral for Freddie Gray PHOTOS BY PATRICK SEMANSKY — THE ASSOCIATED PRESS Gloria Darden, mother of Freddie Gray, is comforted as she embraces his body before his funeral on Monday at New Shiloh Baptist Church in Baltimore. A man walks past a burning police vehicle on Monday during unrest following the funeral of Freddie Gray in Baltimore. Changing Lives One Career At A Time ◆ Emergency Medical Technician ◆ Criminology & Emergency Response Management ◆ Medical Office Administration ◆ Pharmacy Technician ◆ Professional Medical Assistant ◆ Vocational Nursing ◆ Heating, Ventilation & Air Conditioning 1755 Hilltop Drive, Redding CA 96002 (530) 224-1000 Facebook.com/IOTRedding 20815 Dalby Ln. Red Bluff 527-5314 Where Excellence Meets Affordable No Appointment Necessary FREE Is Your Check Engine Light On? We'll Code Check it Visit us on the web at www.eliteautomotiveredbluff.com Monday-Friday 7:30-5:30 SMOG CHECK ✓ 530-366-3166 www.redbluffdodge.com 545 Adobe Rd., Red Bluff, CA YOURNO-HASSLE BENNY BROWN'S RED BLUFF DODGE•JEEP•CHRYSLER•RAM ISN'T PLAYING! WE ARE GOING FOR #1 SPOT IN CALIF. All offers for a limited time. Not all buyers will qualify for individual programs. See Red Bluff Chrysler/Jeep/Dodge/Ram for complete details and vehicle qualifications for all currently running programs. 0% and 1.9% APR financing are not applica-ble on these new selected models. All rebates in lieu of special APRs offered by Chrysler. All prices plus government fees and taxes, any finance charge, any dealer document, preparation charge, and any emission charge. �Sub�ect to prior sales & credit approval. Some vehicle images in this ad are for illustration purposes only and may vary from actual vehicle. Ad expires 4/09/15. We have Buicks, Chevys, Chryslers, Dodge Cars, Dodge Trucks, Fiat, Ford Cars, Ford Trucks, GMC's, Hyundais, Jeeps, Kias, Nissans, Volkswagen & Lots of Toyotas PRE-OWNED VEHICLES Over 100 Pre-Owned in Stock! Check out Red Bluff Dodge.com or Better Yet... Like Bob Barker Said.... COME ON DOWN! Hoyt-Cole Chapel of the Flowers 816Walnut St., Red Bluff, CA (530) 527-1174 www.chapeloftheflowers.net Funerals • Cremations • Prearrangements FD652 Red Truck Rock Yard, LLC DecorativeRock&LandscapeMaterials (530) 824-2418 2791 Hwy 99WCorning (Located near Love'sTruck Center) Monday-Friday 8am to 5pmSaturdaycallforhours SOILS BARK SAND CONCRETE TRAILERS GIFT SHOP TUESDAY, APRIL 28, 2015 REDBLUFFDAILYNEWS.COM | NEWS | 5 B

Articles in this issue

Links on this page

Archives of this issue

view archives of Red Bluff Daily News - April 28, 2015