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Photographer
Justin
Posts: 20,100
Fort Collins, Colorado, US


Justin wrote:
I'm not sure the implications are really being seen.

When the U.S. Court of Appeals struck down Prop. 8, then it was struck down. Had nothing else been done, had SCOTUS refused to review, it would've been dead. Hello, gay marriages in California.

By agreeing to review the case, the possibility remains of Prop. 8 being upheld and the COA decision overturned. To understate the obvious, that would not be a victory for gay rights advocates.
Little Queenie wrote:
My understanding is that the court isn't just reviewing prop 8. It's reviewing whether it is legal for states to make laws forbidding marriage rights to gays. It's decision will impact the majority if states that have created laws limiting contractual marriage to one man and one woman.

Quite correct. State laws, DOMA, all are on the table now.

But on the California side, it's another round of the yo-yo for gay marriage advocates.

Dec 08 12 08:27 am  Link  Quote 
Photographer
Digitoxin
Posts: 13,003
Atlanta, Georgia, US


Art of CIP wrote:

Um... You do realize that by ruling on this case, or any case, the supreme court is applying the united states constitution right?  That's how it works.

Scalia, as a strict constructionist, would absolutely agree with you.  But, the question is:  are you speaking from a strict constructionist view?

Dec 08 12 08:29 am  Link  Quote 
Photographer
Lohkee
Posts: 9,731
Maricopa, Arizona, US


eos3_300 wrote:

Sorry but you are being a bit too optimistic and a little delusional
Will be an "issue " for several decades

Chuckles. It won't be the first time someone has said that about me. Of course it will be an "issue" for some for a very long time, and some will never get used to the idea.

But I sense the winds of change are blowing . . . . .

Eight federal courts have now ruled DOMA unconstitutional. Nine states have legalized same-sex marriages. If the USSC had wanted to leave things as they were, they could have simply not taken the cases. Outlawing same sex marriage OTOH would be difficult (if not impossible) given the current climate and the USC.

I think the court finally feels the time is right to put this issue to bed once and for all and fully expect a landmark decision. I don't expect that religious fundies will be at all happy with that decision.

// meanders back to his delusional happy place //

Dec 08 12 08:33 am  Link  Quote 
Artist/Painter
Art of CIP
Posts: 21,234
Long Beach, California, US


Digitoxin wrote:

Scalia, as a strict constructionist, would absolutely agree with you.  But, the question is:  are you speaking from a strict constructionist view?

I am speaking from a "this is how the law works" point of view...

Dec 08 12 09:05 am  Link  Quote 
Photographer
Lohkee
Posts: 9,731
Maricopa, Arizona, US


Now **this** is interesting -

Traditionally, the federal DOMA law would be defended by the Justice Department. But that responsibility would now fall to House Republicans after President Barack Obama declared his support for same-sex marriage earlier this year.

In their order on Friday, the justices asked both sides to argue a supplemental question: Whether congressional Republicans -- operating as a bipartisan legal advisory group -- have "standing," or legal authority, to make the case.

The justices also asked both sides to argue a second standing question. California's governor and state attorney general have refused to defend Proposition 8 in court, leaving it to a private coalition of groups supporting the law to file the appeals.

The high court could decide the standing question alone and dismiss the appeal without addressing the larger constitutional questions. That would mean for now, same-sex marriages could resume next year in California.


From the updated CNN article http://www.cnn.com/2012/12/07/us/court- … ?hpt=hp_t3
Dec 08 12 10:46 am  Link  Quote 
Photographer
Digitoxin
Posts: 13,003
Atlanta, Georgia, US


Art of CIP wrote:
I am speaking from a "this is how the law works" point of view...

Ah, but there is the rub....

There is no such thing as "how the law works" in Constitutional matters.  There are vastly different approaches to how to read the Constitution and apply it to the case at hand.  Scalia (whether one loves him or hates him, it is clear he, along with the other SCOTUS justices are quite brilliant) has one widely held view (which he interestingly denies is "strict constructionism"). Other justices have other views that are equally widely held (including tendencies toward "broad constructionism").  Therefore, your statement (to the post I first responded to) is really too simplistic as the tension is in the method of interpretation.

Dec 08 12 01:27 pm  Link  Quote 
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