Kasz216 said:
Zappykins said:
Kasz216 said:
This is moving along nice and all... but i can't help but feel it'll eventually hit a very annoying roadblock.
Federal action is needed. |
Exactly, but every state that changes to the equal side helps the Supreme Court realize which way they have to go. In just this year we have seen several countries (Including France) and several states move towards the equality side. They could uphold the two previous courts ruling that Prop 8 is un- constitutional and it will nock out bans not only in California, but also, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada (which is already moving towards Marriage Equality - but will take a few years, Oregon and Washington State (which already has it.) It's unlikely, but that would be a broad ruling. More likely they will narrow their ruling towards California.
Also, they are about to rule on certain aspects of DOMA (Defense Discrimination of Marriage Act) which even Pres Clinton, who signed it, said it is un-constitutional, as it violates the Due Process Clause and other aspects of the US Constitution (I.e. states have to legally recognize the official documents of a another state.) And a marriage license is an official document.
It’s similar to how a state will recognize a marriage license of another state, even if that marriage is not legal in the state (i.e. one spouse too young in that state, or many states do not allow first cousin’s to marry.) So if you get married in one state you are still married when you go to another state, unless you are a same sex couple.
Anyway, nice to see so many positive responses, I hope to have another state to report soon.
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From the sound of it. The Prop 8 arguements seemed to lean towards "Let's not rule at all."
Where they'll take a step back and say "oops we didn't have jurisdiction."
Doma case seemed pretty strong though.
Personally though i'd rather the supreme court judge based on the law... which, agree or disagree with their opinions... they usually do get it right legally.
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Well, if you are right, and they do not rule, then Prop 8 is dead and illegal. And happy same sex couples will start getting married in California again. It's a rather nice ending. There are some 30,000 kids of same sex households in California who would like to have married parents.
That's the thing about the law. Different people interpret it different. And yes, they get it right sometimes, but sometimes they get it wrong, and when it's wrong, it can really do a whole bunch of damage. I can't see how any sane person would thinking taking rights away from a protected minority would ever be allowed in the USA - which is exactly what Prop 8 does.
Personally, I think Scalia, with what he has already stated, must recuses himself. But I don't think he has the integrity, fortitude or guts to do that.
