SUNDAY, OCTOBER 5, 2014 • THE BULLETIN
t hat onl y
one that was on the frontiers
ion in U.S. v. Windsor, strik-
1 5 m o n th s a g o
of establishing rights for gays ing down part of the Defense and lesbians," said David of Marriage Act, or DOMA, Strauss, a constitutional-law which denied federal recogscholar at the University of nition of same-sex marriages Chicago. performed where they were "The rough idea would be legal and defined marriage that the Roberts court would as only between a man and a be to the rights of gays and woman. lesbians what t h e
W a r r en
court was on race issues."
likely outcome for a court that has moved to the right
was to find state prohibitions
since Roberts joined it chief justice nine years ago. Along with his fellow George W. Bush nominee, Justice Samuel Alito, Roberts has been part of a five-justice majority, including Kennedy, that has staked out conservative po-
unconstitutional. S ame-sex couples c an marry in 19 states, including Maryland, and the District
M ove to the right That would seem an un-
including "The Tell-Tale
Heart," is near the Boston
Common. Poe had a love-hate reletionship with the city of his birth, but that snarly past will be setaside today, when the statue is unveiled.
While the decision left open
the question of whether states may make such definitions, Kennedy's reasoning convinced federal judges across the country that the next step
judges have ruled in favor of same-sex marriage to some degree in 16 states and three
appeals courts have found a tive action, campaign finance constitutional right. restrictions and government Paul Clement, who defendHouse GOP leadership, said lower courts reading Wind-
to count to five votes for upholding these laws." threats made on Facebook, The U.S. Court of Appeals some of those divisive issues for the 10th Circuit, ruling on
New York Times News Service
laws in Utah and Oklahoma,
He was born here in 1809 and published some of his most famous works here. But he considered Boston writers self-important and preachy, and he said so. And Bos-
sor concluded that "it's hard
Challenges to a number of and the U.S. Court of Appeals state laws restricting access for the 4th Circuit, reviewing to abortion may r each the Virginia's law, agreed that high court in time for consid- marriage is a fundamental eration this term. Civil rights right that cannot be denied activists fear the court acgay couples. cepted a housing case from The U.S. Court of Appeals Texas last week to do away for the 7th Circuit, striking down prohibitions in Indiana
challenges of policies they say and Wisconsin, said the laws have a "disparate impact" on discriminate on the basis of s exual orientation and t h e
passed without discriminato- states' justifications for them
By Katharine Q. Seelye BOSTON — Edgar Allan Poe had a love-hate relationship with the city of Boston.
ton returned the sentiment.
Ralph Waldo Emerson dismissed Poe as a "jingle man" for his simplistic style, as if the author of "The Raven"
were writing television ads for toothpaste. Not surprisingly, little trace
ry intent. There is a chance that the
were irrational. No appellate court has up-
of Poe remains in this region's august annals of liter-
court will accept one of the new challenges to the Afford-
held a marriage prohibition,
ary achievement, overstuffed
able Care Act, this time about
judge, in Louisiana, has done so. But more than 30 states
and only one federal district and some of the nation's big-
gest corporations have asked by a state. Both sides agree the court to settle the issue the subsidies are crucial to now. making the law work. Court experts say the jusAnd a court that likes to tices will probably take time think of itself as above pol- to decide which case — or itics is being drawn into a cases — to accept. number ofcases thatforce it They could even wait until exchange that was not set up
asked the justices to find that the s t ate's
Russian officials accused the United States of en-
feud with Boston isnevermore
is widely seen as solicitous of corporate interests. Along with fresh questions, such as how to assess violent but perhaps hyperbolic
to settle partisan differences. Alabama Democrats have
that he faced persecution at home as a homosexual.
With statue's dedication, Poe's
ed DOMA on behalf of the
federalsubsidies for those who bought insurance on an
ed States on the grounds
Jim Badershall via The New York Times
accommodation of religion. It
minorities even if they were
New YorkTimesNewsService MOSCOW — Russia has pulled out of a longstanding American high school exchange program after a teenage Russian boy who befriended a gay couple sought asylum in the Unit-
of Columbia. Since Windsor,
sitions on abortion, affirma-
with a practice that allows
Asylum spatends exchange program
A statue of Edgar Allen Poe, his suitcase overflowing with various
set the stage for what could Continued fromA1 be the ultimate decision on "If the court establishes a same-sex marriage. right to same-sex marriage ... Kennedy joined the liberals (it) will go down in history as and wrote the majority opin-
January to act and still have
dangering the welfare of a child, while U.S. officials suggested that the Kremlin was using the case as a pretext to further impair diplo-
matic relations. Pavel Astakhov, Russia's presidential o m b udsman
for children's rights, called it
to the city," Mayor Martin
"an outrageous case" in announcing that Russia would
ant Poe. Baltimore, Philadel-
no longer allowseveralhundred high-school students to spend an academic year in United States under the
his cape billowing out to Walsh said. his left. On his right is an O ther cities h ave l o n g outsize raven, uncoiling for claimed a piece of the itiner- flight. Poe is toting a suitcase so overpacked that various
phia, New York and Rich- manuscripts—"TheTell-Tale mond, Virginia, all have Poe Heart" among them — are monuments or museums of spilling out. Also popping out one sort or another. is a heart. Boston never bothered. Not He is heading toward the without reason. Poe sneered house, tw o b l o cks a w ay, at the city's luminaries. Riff- where his p arents lived ing off the Frog Pond in the around the time he was born, Boston Common, Poe called though it h a s s i nce been the local swells "Frogpondi- razed. "He's home," said the ans," their moralistic works sounding like the croaking sculptor, Stefanie Rocknak, of so many frogs. As for res- a philosophy professor at idents here, they "have no Hartwick College in Oneonsoul," he said. "Bostonians
annual Future Leaders Ex-
change, or FLEX, program. Jen Psaki, the spokeswoman for the State Department, w h ich u n d er-
wrote the program through a nongovernmental organization, expressed "regret" over the decision. According to r e ports in the Russian media, the
boy, 16, was living with an American family in Michigan when he met a gay couple at church.
ta, New York. "He's back, in
triumphant gesture, respected as a literary figure." as they are with the likes of English professor Peter JefEmerson and Thoreau, Long- the hatchet, and not in Poe's freys found poetic — if omifellow and Hawthorne. back. Today, civic and liter- nous — symbolism in Poe's But Poe's snarly past with ary folk, including Robert belated return to the city that Boston will be set aside to- Pinsky, a f o rmer n ational so long kept him down. "It illustrates the psychoday, when the city officially poet laureate who teaches welcomes the master of the at Boston University, are to l ogical principle that w e macabre into its fold with the unveil a bronze statue of Poe find in so many of Poe's stounveiling of a statue in his near the Boston Common ries," he said. "When you honor. and, they hope, usher in an repress something, it even"It's time that Poe, whose era of reconciliation. tually returns to haunt you hometown was Boston, be The statue captures the — and quite often with a honored for his connection writer in a purposeful stride, vengeance."
are well-bred — as very dull persons very generally are." Now the city is burying
An article by the state-
run news agency TASS quoted unidentified Russian diplomats in W ash-
ington as saying the couple persuaded the boy that he should stay in the United States.
The artide said the boy had decided to seek asylum on the grounds of his sexual orientation, and that the court made the couple his
guardians, but left unclear with whom he was living.
time for briefing, oral arguments and a decision by the
R e publican-led end of June, when the new
legislature improperly con- term ends. It "depends on what Justice sidered race during redistricting. Arizona's Republicans Kennedy decides to do," said are asking them to rule that Irving Gornstein, director of voters cannot shut out elect- the Georgetown Law Center's ed officials by giving the job Supreme Court Institute. "I of drawing congressional agree with the conventiondistricts to an independent al wisdom that the justice's commission. legacy consists of his (gay And even before the term rights) decisions ... and that began, the court was asked he will be prepared to take to intervene i n
OUT 20 a
to changes in voting laws passed by Republican legisla- Othercases tures in Ohio, Wisconsin and Some ofthe notable cases North Carolina. They ruled 5 the court has agreed to hear to 4 in the Ohio case that the this term include: election can proceed under
• Elonis v. U.S.Were Antho-
the new laws, which cut back on the number of days for early voting. The five justices voting yes were appointed by Republi-
ny Elonis' violent Facebook
can presidents; the four who
ed but says the government should have had to prove that
would have kept the law from going into effect were ap-
rants about his wife and law enforcement true threats or
K IO I 4IRQ
more like the hyperbole of 30
rap lyrics'? He was convicthe intended to carry out the
actions he wrote about. Such decisions threaten the • Zivotofsky v. Kerry. This comity the justices were able is a l ong-running dispute to achieve last year by decid- between Congress and now ing narrowly some of the con- two presidents over the wordtroversies before them and ing on passports regarding leaving underlying ideologi- Americans born in Jerusacal disagreementsfor future lem. Congress passed a law cases. Largely as a result of saying Americans born in the Roberts' attempt to find com- city could have "Israel" listed mon ground, the number of as the place of their birth. The unanimous rulings jumped to executive branch says that inheights not seen in decades. terferes with the president's But the seams showed in right to recognize a foreign a number of those pieced-to-
country, and it takes no side
gether rulings, and the deep divisions on the court were most acutely displayed in the key decision of the term: that the government could
in who controls the city. • Holt v. Hobbs.Does a fed-
not force business owners to
ligion mean that A r k ansas
eral law that forbids prisons
from imposing a burden on an inmate's practice of re-
providecontraceptive cover- must allow a Muslim prisoner age for their employees if it to grow a half-inch beard? violated the owners' religious • Young v. United Parcel beliefs. Service.Does the Pregnancy "It is a mistake to think that Discrimination Act require a the court has discovered con- company to offer a pregnant sensus," said Erwin Chemer- employeean accommodation insky, dean of the law school such as an exemption from at the University of California lifting heavy packages? at Irvine. "Justice Antonin • Alabama Legislative Black Scalia is just as conservative Caucus v. Alabama and Aland Justice Ruth Bader Gins- abama Democratic Conferburg is just as liberal as ever." ence v. Alabama.The groups' Miguel Estrada, a lawyer charge that the legislature w ho frequently argues before improperlyconsidered race the court, wrote in a preview in packing minority groups of the term that "the polar- into several districts, thereby izing nature of much of the reducing influence in other Court's jurisprudence shows districts. The state contends no sign of abating." its actions were in accordance It was a polarized court
with the Voting Rights Act,
which protects the creation of majority-minority districts.
Ic ANI J
mlX la lk
pointed by Democrats.
Se , a
c h a llenges the final step."
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