Same-Sex Marriage

(5 points) In terms of Same-Sex Marriage, what does backlash refer to? Using examples from the book and our discussion in class, what are three examples of backlash as it relates to the Same-Sex Marriage Movement?

(5 points) Using Justice Scalia’s dissents in both Lawrence v. Texas (2002) and U.S. v. Windsor (2013), why is national recognition of Same-Sex Marriage inevitable (at least according to his argument)? 2) Using the District Court Case you presented in class, explain how Scalia’s arguments are used in the opinions to strike down State-level bans on Same-Sex Marriage.

(5 points) Throughout this class we have analyzed various monumental Supreme Court decisions, which have often times defined rights, created rights, or expanded the power of Government. Given our discussion in Bush v. Gore (2000), the primary motivation for the behavior of Justices is their personal preferences/politics, given the institutional protections the Supreme Court has. 1) Explain those institutional protections. 2) Given the importance of the Supreme Court in our political system, should we continue to give Justices life tenure? Or is it time to reform the institution to allow a democratic check on the Judiciary?