President’s progressive agenda moves full steam ahead in his newly found fearlessness!
By Gary Cox
In a recent Los Angeles radio interview, President Obama declared, “I am fearless.” This liberating pronouncement came ahead of a week of sweeping victories in the courts and in Congress. At the beginning of the week, the U.S. Supreme Court handed the President major victories on the Affordable Care Act (ACA) and Fair Housing. In a 6-3 decision, the High Court gave a “conservative” interpretation of the ACA by looking at what Congress intended in the overall legislation. Chief Justice Roberts wrote, “Congress did not mean for health insurance markets to work in some states and not work in others!”Chief Justice Roberts reaffirmed Congress’s intent and let stand insurance tax credit subsidies for residents whose state, like Georgia, does not have a state operated insurance exchange. This was a major victory which will assure that access to insurance and healthcare remains a basic fundamental right.
The High Court also upheld the Fair Housing Act of 1968, noting in the case of Texas Department of Housing and Community Affairs v. The Inclusive Community Project, “disparate impact” is an integral part of the Fair Housing Act and can be taken into account whether or not the discrimination was unintended or deliberate. In the 5-4 decision, Justice Anthony Kennedy wrote, “. . . disparate impact under the FHA has played a key role in promoting racial equality in housing and fighting discrimination,” This ruling holds intact the basic premise of the Fair Housing Act which is to end discrimination in the sale, financing or rental of housing based on race, color, religion, sex or national origin.
Lastly, as predicted by Blogging While Blue when the Supreme Court refused to issue a stay to prevent same-sex marriages in Alabama, the U.S. Supreme Court overturned state constitutional bands on same-sex marriage in Obergefell v. Hodges(Ohio). Jim Obergefell married his terminally ill partner in Maryland and wanted to be listed as the surviving spouse on his husband’s death certificate. He won, but the State of Ohio appealed and the lower court decision was overturned – which led to the U.S. Supreme Court challenge. Obergefell stated he never intended to be the face of gay marriage, but Ohio forced his hand. With this victory came Georgia’s first gay couple to be married Emma Foulkes and Petrina Bloodworth of Atlanta. They were married by Fulton County Superior Court Judge Jane Morrison, who is openly gay.
With President Obama at the helm, progressive policies and ideas are in the forefront of social change. Healthcare is a basic human right, fair housing opportunities are a basic civil right and marriage equality, now the law of the land, has come full circle since 2004 when many of the state constitutional bans against same-sex marriage were enacted. Progressive ideas that were once considered “radical thought” are now mainstream law. Yet, the battle is not over. The attainment of civil and human rights is an “evolutionary process” and not a “revolutionary” one.