Politics
Q&A: Issues, Possible Legal Outcomes in Gay Marriage Cases

In this June 26, 2013, file photo, Sean Lewrence, of Philadelphia, holds up a flag during a rally for gay marriage, on Independence Mall in Philadelphia. A federal appeals court on Thursday, Nov. 6. 2014, upheld anti-gay marriage laws in four states, breaking ranks with other courts that have considered the issue and setting up the prospect of Supreme Court review. (AP Photo/Matt Slocum, File)
Mark Sherman, ASSOCIATED PRESS
WASHINGTON (AP) — Just two years ago, the Supreme Court struck down part of the federal anti-gay marriage law that denied a range of government benefits to legally married same-sex couples.
The decision in United States v. Windsor did not address the validity of state marriage bans, but courts across the country, with few exceptions, said its logic compelled them to invalidate state laws that prohibited gay and lesbian couples from marrying.
The number of states allowing same-sex marriage has grown rapidly. As recently as October, just over one-third of the states permitted same-sex marriage. Now, same-sex couples can marry in 36 states and the District of Columbia. A look at what is now before the Supreme Court, and the status of same-sex marriage around the country:
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WHAT’S LEFT FOR THE SUPREME COURT TO DO AMID ALL THIS CHANGE?
The justices on Tuesday are hearing extended arguments, scheduled to run 2½ hours, in highly anticipated cases about the right of same-sex couples to marry. The cases before the court come from Kentucky, Michigan, Ohio and Tennessee, all of which had their marriage bans upheld by the federal appeals court in Cincinnati in November. That appeals court is the only one that has ruled in favor of the states since the 2013 Windsor decision.
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WHAT’S AT STAKE?
Two related issues would expand the marriage rights of same-sex couples. The bigger one: Do same-sex couples have a constitutional right to marry or can states continue to define marriage as the union of a man and a woman? The second: Even if states won’t allow some couples to marry, must they recognize valid same-sex marriages from elsewhere?
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WHAT ARE THE MAIN ARGUMENTS ON EACH SIDE?
The arguments of marriage-rights supporters boil down to a claim that states lack any valid reason to deny the right to marry, which the court has earlier described as fundamental to the pursuit of happiness. They say state laws that allow only some people to marry violate the Constitution’s guarantee of equal protection under the law and make second-class citizens of same-sex couples and their families. Same-sex couples say that preventing them from marrying is akin to a past ban on interracial marriage, which the Supreme Court struck down in 1967.
The states respond that they have always set the rules for marriage and that voters in many states have backed, sometimes overwhelmingly, changes to their constitutions to limit marriage to a man and a woman. They say a lively national debate is underway and there is no reason for courts to impose a solution that should be left to the political process. The states also argue that they have a good reason to keep defining marriage as they do. Because only heterosexual couples can produce children, it is in the states’ interest to make marriage laws that encourage those couples to enter a union that supports raising children.
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IS THE OBAMA ADMINISTRATION PLAYING A ROLE?
The administration is backing the right of same-sex couples to marry, although its argument differs in one respect. The plaintiffs say that the state laws should fall, no matter what standard the court applies. The administration calls for more rigorous scrutiny than courts ordinarily apply to most laws, saying it is appropriate when governments discriminate against a group of people. That already is the case for claims that laws discriminate on the basis of race, sex and other factors. But the administration is silent about what the outcome should be if the court does not give gays the special protection it has afforded women and minorities.
The Justice Department’s decision to stop defending the federal anti-marriage law in 2011 was an important moment for gay rights, and President Barack Obama declared his support for same-sex marriage in 2012.
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WHAT HAPPENS IF THE COURT STRIKES DOWN THE STATE BANS?
A ruling that same-sex couples have a right to marry would invalidate the remaining anti-gay marriage laws in the country. If the court limits its ruling to requiring states to recognize same-sex unions, couples in states without same-sex marriage presumably could get married elsewhere and then demand recognition at home.
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WHAT HAPPENS IF THE COURT RULES FOR THE STATES ON BOTH QUESTIONS?
The bans in 14 states would survive. Beyond that, confusion probably would reign. Some states that had their marriage laws struck down by federal courts might seek to reinstate prohibitions on gay and lesbian unions. Questions also could be raised about the validity of some same-sex weddings. Many of these problems would be of the Supreme Court’s own making.
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WHY IS THAT?
From October to January, the justices first rejected appeals from states seeking to preserve their marriage bans, then allowed court rulings to take effect even as other states appealed those decisions. The result is that the court essentially allowed the number of states with same-sex marriage to double.
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WHERE IS SAME-SEX MARRIAGE LEGAL?
Same-sex couples can marry in 36 states, the District of Columbia and parts of Missouri. More than 500 marriage licenses were issued to same-sex couples in Alabama this year after a federal court struck down the state’s ban. But probate judges have not issued any more licenses to gay and lesbian couples since the Alabama Supreme Court ordered a halt to same-sex unions in early March.
Gay and lesbian couples may not marry in Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, most of Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee and Texas.
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HOW MANY MARRIED SAME-SEX COUPLES ARE THERE IN THE U.S.?
Gary Gates, an expert at UCLA’s Williams Institute on the demography of gays and lesbians in the U.S., estimated that there were 350,000 married same-sex couples as of February. Gates relied on Gallup Inc. survey data and Census Bureau information to arrive at his estimate. That’s just 0.3 percent of the nation’s 242 million adults, Gates said. Almost as many same-sex couples are unmarried, Gates said.
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WHAT ARE THE NEXT ISSUES FACING GAY RIGHTS?
One fight in the news this year is over efforts to carve out religious exemptions for people and institutions that object to same-sex marriage. It is clear that churches do not have to marry same-sex couples if doing so violates their religious tenets, but what about county clerks? Can photographers refuse to shoot same-sex weddings? Can bakers decline to bake a cake for two men? Civil rights groups say they will continue pressing for other protections from discrimination against LGBT people in employment and housing, among other areas. Even if same-sex couples win the right to marry everywhere, people still can be fired because of their sexual orientation in more than half the states.
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Online:
Supreme Court: https://www.supremecourt.gov
Follow Mark Sherman on Twitter at: https://www.twitter.com/shermancourt.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Black Press
Event Preview: ‘Fashion v. Fascism’ – A Runway Revolution Is Coming to the Bay Area
“Fashion v. Fascism” (FVF) is an upcoming visually immersive event combining fashion, music, and political theater to expose the rise of fascism in the U.S. and advocate for resistance. Described as a live “runway revolution,” FVF premieres October 3 at The Rotunda in downtown Oakland. The event will feature five runway collections spotlighting elements of contemporary fascist politics, accompanied by political theater and live music, culminating in a call to action. Organizers state that culture is a potent defense when democracy is under siege. Read more to learn about this unique event.
“Fashion vs. Fascism” (FVF) is a visually immersive evening of fashion, music and political theater exposing the rise of fascism in the U.S. and the need to resist. Democracy is under siege, and culture is one of our most potent defenses, organizers say.
Called a live “runway revolution,” FvF premieres Oct. 3 at The Rotunda, 300 Frank Ogawa Plaza in downtown Oakland.
A play that is part fashion show, part protest, part performance art, FvF stages five runway collections spotlighting the pillars of contemporary fascist politics and the urgent need to resist: the myth of a “glorious past,” the manufactured emergencies used to justify surveillance and crackdowns, and the oligarchs and grifters profiting from it all. Runway fashion shares the stage with political theater and live music, with a closing call to action.
“We need lawsuits, ballots and mass protests, but none of it lands if we’re not also fighting for people’s imagination,” says Linda Burnham, co-producer of the show. “People are exhausted and scared. FvF will expose the absurdities of fascist mythology and ideology in ways a news headline cannot and spark new ideas about how to resist.”
“Fascism doesn’t win by policy alone. It wins by telling a story. A myth about a ‘Golden Age.’ A permanent emergency that makes cruelty seem necessary. That’s not an accident, it’s a strategy, and it works on the same terrain as culture: image, spectacle, emotion,” says Aya De León, the show’s playwright.
“Every piece on this runway translates what is happening under fascism into a feeling,” explains Erica Furlong, the FVF creative director. “One designer’s trench coat is covered in pockets stamped ‘TRUTH,’ ‘MEMORY,’ ‘HOPE,’ ‘VOTE,’ ‘FUTURE,’ because that’s literally what gets seized first, pocket by pocket, under fascist decline. Fashion can hold grief and hope in the same silhouette, and that tension is exactly what this moment needs.”
At its best, fashion is about creativity, diversity, innovation, experimentation and the free exchange of ideas. Fascism, by contrast, demands conformity and control, while suppressing dissent.
FVF was created, organizers say, because democracy should always be in style.
Featured designers include Erica Varize, Rickie Lee, Tianna Charity, Julie Wong, and Maria Flores. The evening features a script by lead playwright Aya De León, musical performances by Mindeullae Project and DJ Emancipation, and other special guests.
FvF is designed to travel. Following the Oakland premiere, FvF will extend its reach through a documentary short, a curriculum on contemporary fascism in the U.S., and a full replication playbook — design templates, script, and curriculum — so organizers in other cities can stage their own version of the show.
Get more details at www.fashionvfascism.org.
Black Press
OP-ED: How Does Your State Rank for Pre-K?
BLACKPRESSUSA NEWSWIRE — “Other states should take note: Georgia proves that state-funded preschool with well-qualified teachers, pay parity with K-12, small classes, and strong continuous improvement systems can be scaled as a universal program,” said NIEER director Steve Barnett. “With new initiatives to support quality, Georgia can expect increased enrollment, but leaders should also actively promote increased enrollment.”
Georgia’s state-funded pre-k program for 4-year-olds was recently recognized as the largest state-funded preschool program in the nation to meet all 10 quality benchmarks, and the first universal program to do so. Georgia’s recognition is the top finding in the National Institute for Early Education Research’s new 2025 State of Preschool Yearbook. The yearbook provides an annual snapshot of state-funded preschool across the country. Forty-four states and the District of Columbia fund preschool programs.
Only five additional states meet all 10 of NIEER’s research-based benchmarks for quality —Alabama, Hawaii, Michigan, Mississippi, and Rhode Island—in this year’s report. None of those programs have the reach of Georgia Pre-K. NIEER’s benchmarks measure essential preschool quality indicators, including teacher qualifications, class sizes, early learning standards, and program assessments.
“Other states should take note: Georgia proves that state-funded preschool with well-qualified teachers, pay parity with K-12, small classes, and strong continuous improvement systems can be scaled as a universal program,” said NIEER director Steve Barnett. “With new initiatives to support quality, Georgia can expect increased enrollment, but leaders should also actively promote increased enrollment.”
Nationally, state support for preschool education hit record highs in enrollment and funding in 2024-2025. The pace of growth slowed, however, compared to the prior year, and many states continue to lag behind pre-pandemic enrollment levels. Preschool enrollment increased by 44,000 children nationally, reaching almost 1.8 million, including 37% of U.S. four-year-olds and 9% of three-year-olds. California, Colorado, Michigan, Minnesota, and Missouri contributed the most to increased enrollment, adding more than 52,000 new seats.
States spent nearly $14.4 billion on preschool in 2024-2025. Including federal and local dollars, total spending was almost $17.7 billion. Three states each spent more than $1 billion last year: California ($4.1 billion), New Jersey ($1.2 billion), and New York ($1 billion). Together, these three states account for 45% of all state preschool spending. Texas adds almost another $1 billion.
Spending increased by $434 million, or 3%, adjusted for inflation. Twenty-eight states increased preschool funding, including Michigan and New Jersey, which each added more than $100 million. “Not only does preschool access vary by which state a child happens to live in, but so does the quality of that preschool experience,” said Allison Friedman-Krauss, lead author of the report. “Only high-quality early care and education programs support children’s development enough to result in lasting academic and other gains that ultimately deliver savings for taxpayers.”
A record six states met all 10 of NIEER’s recommended quality standards, with Alabama doing so for the 20th consecutive year. Georgia joined this list this year after improving its teacher-to-child ratio from 1:11 to 1:10 and lowering maximum class sizes to 20. Several states met 9 of 10 benchmarks, including New Mexico, which is working toward universal access for both three- and four-year-olds. Once New Mexico requires all lead teachers to have a bachelor’s degree in early childhood education, it will be on par with Georgia in terms of both quality and quantity.
Not all states moved forward. Twenty states enrolled fewer preschoolers in 2024-2025 than the prior year, with enrollment dropping by more than 1,000 children in Arizona, Florida, New York, Ohio, Oklahoma, and Wisconsin. Seventeen states spent less on preschool than the prior year, adjusted for inflation, with Arizona, North Carolina, Oregon, and Texas seeing the largest percentage declines. Additional information about the State of Preschool Yearbook, including individual state profiles and maps, graphs, and state rankings, can be found at www.nieer.org.
Black Press
Leaders to Gather at African American History Museum for Voting Rights Call to Action
BLACKPRESSUSA—Rep. Jonathan L. Jackson, Bishop William J. Barber II, and a coalition of congressional, faith, and civil rights leaders gather Tuesday outside the National Museum of African American History and Culture, days after founding director Lonnie G. Bunch III announced his retirement. March On for Freedom 2026 National GOTV Bus Tour launches ahead of the 2026 midterms.
Black Press
Port of Oakland, Army Corps Sign Historic Harbor Design Agreement
OAKLAND POST — Oakland Port Commission President Stephanie Dominguez Walton called the agreement a historic milestone that will support thousands of jobs. “Today marks a historic occasion for the Port as we sign the inaugural Design Agreement for the Turning Basin Widening Project, which will keep Oakland competitive,” said Walton.
A $642 million project designed to accommodate larger cargo ships and strengthen the Port of Oakland’s position as a major Pacific trade gateway moved a significant step closer to construction on Aug. 27.
The U.S. Army Corps of Engineers (USACE) San Francisco District and the Port of Oakland commemorated the signing of the inaugural Design Agreement for the Oakland Harbor Turning Basins Widening Projectduring a ceremony aboard the USS Potomac, the presidential yacht once used by President Franklin D. Roosevelt.
The project will widen the Port’s Inner and Outer Harbor turning basins, allowing today’s increasingly larger and longer vessels more space to safely maneuver and turn around. The current basins are narrow, creating delays and operational inefficiencies.
Oakland Port Commission President Stephanie Dominguez Walton called the agreement a historic milestone that will support thousands of jobs.
“Today marks a historic occasion for the Port as we sign the inaugural Design Agreement for the Turning Basin Widening Project, which will keep Oakland competitive,” said Walton.
The agreement advances the project into its preconstruction engineering and design phase following years of planning and collaboration.
Lt. Col. Virginia Brickner, commander of the USACE San Francisco District, said the signing represented tangible progress toward construction.
“We are moving forward. We are showing progress,” Brickner said.
Major General Jason Kelly, USACE Deputy Commanding General for Civil and Emergency Operations, said dredging is critical for maritime dominance, supply chains, and economic competitiveness.
“Dredging sustains our national economic infrastructure,” he said. “The future demands more, the taxpayer deserves more, and together we’re going to deliver.”
For U.S. Representative Congresswoman Lateefah Simon (D-CA-12), the Port project will support jobs beyond its completion. “This will impact workers and businesses, and every shipping container represents multiple jobs.”
Oakland Mayor Barbara Lee described Oakland as a gateway to international markets and spoke on earlier efforts to deepen Oakland’s shipping channel to 50 feet. While serving in the California Legislature, Lee helped bring together labor, business, environmental advocates and Port officials to resolve disputes surrounding dredging and environmental protections.
“We want the Port to remain competitive economically,” Lee said, excited about both protecting the environment and generating sustainable jobs in the region. “We want to make sure that we create good-paying union jobs, and that the Port continues to not just survive, but thrive.”
Port of Oakland Executive Director Kristi McKenney said economic growth is dependent on investments in the Oakland Harbor’s infrastructure.
“This investment and staying competitive will fuel our economy for years to come,” said McKenney.
The Port of Oakland, with its partners, supports more than 98,000 regional jobs and $174 billion in annual economic activity. The Port oversees the Oakland Seaport, the Oakland San Francisco Bay Airport (OAK), and nearly 20 miles of waterfront, including Jack London Square.
Black Press
Democratic Clubs Interview Candidates for Oakland School Board
OAKLAND POST — For the first time, the interviews were jointly sponsored by the John George Democratic Club, Wellstone Democratic Renewal Club, Oakland East Bay Democratic Club, Black Women Organized for Political Action (BWOPA), Niagara Democratic Club, Block by Block Organizing Network and Oakland African American Chamber of Commerce.
Local Democratic clubs and community organizations interviewed candidates running for Oakland school board in the November elections, including incumbents Jennifer Brouhard in District 2, Mike Hutchinson in District 4 and Valarie Bachelor in District 6.
For the first time, the interviews were jointly sponsored by the John George Democratic Club, Wellstone Democratic Renewal Club, Oakland East Bay Democratic Club, Black Women Organized for Political Action (BWOPA), Niagara Democratic Club, Block by Block Organizing Network and Oakland African American Chamber of Commerce.
The Democratic clubs interviewed only registered Democrats.
John George and Wellstone endorsed Brouhard and Bachelor. Neither endorsed Hutchinson.
In District 4, Wellstone ranked Sylvia Pfeiffer Williams first and Kathryn Camp second. John George ranked Camp first and Williams second.
Hutchinson, an Oakland native and Oakland public schools graduate, highlighted his record.
“I was in board leadership and chaired the Budget and Finance Committee,” he said. “We passed balanced budgets and paid off the state loan early, which allowed us to finally leave state receivership after 22 years.”
Hutchinson said the district faces a financial crisis requiring changes in board leadership and district policies.
“We need a different majority so we can get back on track, end school closures, and manage our resources better,” he said.
Williams taught adult education in Oakland for 18 years.
Williams said her philosophy “comes from the disability justice world, to center the needs of the most vulnerable. When we center the needs of the most vulnerable, we create environments, systems, and learning experiences in which everyone can thrive.”
Williams framed potential school closures as an equity issue.
“Are we thinking about closing schools up in the hills?” she asked. “Or are we thinking about closing schools where communities are in crisis right now?”
Camp, a Bay Area native and Oakland resident of 25 years, has a son in second grade.
“Our kids are only getting one shot at a great education, and I’m running to bring pragmatic, student-centered leadership that restores trust, builds responsibility, and delivers results for every child,” she said.
On her website, Camp pledged accountability and transparency. “As a proud OUSD parent, I know our schools need more than promises – they need fiscal responsibility, equity, and meaningful action guided by long-term strategy,” she said.
“That means protecting classrooms, supporting teachers, using resources wisely, and making decisions that reflect clear priorities and real accountability,” said Camp. “It also means bringing people together and providing the kind of steady leadership that can navigate complex systems, ask hard questions, and stay grounded in what matters most: student outcomes, thriving schools, and a district that works for the communities it serves.”
Wellstone’s Education Committee said it opposed Hutchinson because he frequently challenged the board majority and superintendent.
“He also claims that the teachers’ contract is illegal that a grand jury should be called. He is not endorsed by the teachers’ union; he has been disruptive and non-collaborative at meetings,” and he has been absent 26% of the time, the committee said.
“He claims that the teachers’ contract is illegal and that a grand jury should be called,” the committee said. “He takes individual credit for accomplishments, including paying the state loan, when in fact these changes came from the work of the entire board, or were the result of following through on policy.”
Next week: District 6 school board candidates.
Black Press
D.A. Ursula Jones Dickson: Terminix to Pay $3.15 Million Over Illegal Disposal of Pesticides, Customer Records
OAKLAND POST — District attorney investigators examining Terminix facilities throughout California between 2021 and 2024 found hundreds of pesticides and other hazardous-waste items that had allegedly been disposed of unlawfully, according to Jones Dickson’s office.
Alameda County District Attorney Ursula Jones Dickson announced a $3.15 million settlement with Terminix International Inc. and Rentokil North America Inc. over allegations that the pest control companies illegally disposed of pesticides and hazardous waste and mishandled confidential customer records.
The settlement was reached by Jones Dickson, 28 other California district attorneys and the Los Angeles city attorney. The companies are collectively identified as Terminix in the settlement.
District attorney investigators examining Terminix facilities throughout California between 2021 and 2024 found hundreds of pesticides and other hazardous-waste items that had allegedly been disposed of unlawfully, according to Jones Dickson’s office.
The investigation also found instances in which Terminix allegedly failed to properly manage and dispose of private customer records, violating California laws intended to protect confidential consumer information.
Terminix cooperated with prosecutors after being notified of the alleged violations, the district attorney’s office said. As part of the settlement, the company agreed to strengthen its policies and procedures governing the handling and disposal of pesticides, hazardous materials and customer records.
The new requirements are intended to prevent prohibited waste from being placed in ordinary trash receptacles or sent to facilities not authorized to receive it. Terminix must also improve safeguards for confidential customer information before records are discarded.
Terminix operates five Alameda County locations under the Terminix and Western Exterminator Company names. The facilities are located in Hayward, Pleasanton and Union City.
Alameda County will receive $160,000 from the statewide settlement for civil penalties and reimbursement of investigative costs.
The agreement resolves the prosecutors’ claims against the companies and requires Terminix to maintain stronger waste-management and privacy protections at its California operations.
Jones Dickson announced the settlement Sept. 4.
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