Supreme Court to take up Same Sex Marriage...

Discussion in 'Law and Justice System' started by mal, Dec 7, 2012.

  1. mal
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    mal Diamond Member

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  2. Koios
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    Koios Recreational Kibitzer

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    Fingers crossed they do right. But I think they will, since this is the stuff of history, having to do with civil rights. I doubt any want to be on the wrong side of history.

    Marriage equality should win the day. I'd bet on it.
     
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  3. g5000
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    g5000 Diamond Member

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  4. g5000
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    g5000 Diamond Member

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    I guess Free Food and Lodging should have been in the Bill of Rights, too...

    .
     
  5. Seawytch
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    Seawytch Information isnt Advocacy

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  6. JoeB131
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    Two different cases here.

    United States v. Windsor - this challenged part of DOMA, the part that says gay couples can't get Federal benefits. What it doesn't challenge, apparently, is the bigger issue of whether states could refuse to recognize other state's gay marriage licenses. In any event, DOMA was always unconstitutional, it was passed by Congress to get the issue off the table when it seemed Hawaii might legalize gay marriage. Because it took another decade for a state to actually legalize same-sex marriage, it's taken a while for for someone to say the Emperor has no clothes. Striking down DOMA would effectively make gay marriage legal for the whole country, because the nine states that allow it would issue licenses to people the other states and the Feds would have to recognize.

    Hollingsworth v. Perry is the more troubling one to me, because as I've said, I'm never really comfortable with the courts legislating from the bench, using their one-stop shop for doing so, the 14th Amendment. Judge Walker clearly had a conflict of interest, when he crafted a ruling that was geared towards previous rulings made by Justice Kennedy. Even the 9th Circuit reeled him back a bit, and frankly, when you get reeled back by the "9th Circus", you've probably gone too far.

    The tactical layout is obvious. Sotomoyor, Kagen, Brier and Ginsburg will probably vote to uphold the lower court decisions to some degree, and Alito, Scalia and Thomas will vote to overturn them. That leaves Justice Roberts (whom I would have pegged as another knuckle dragger until he saved ObamaCare) and Kennedy (who penned Lawrence and Romer, decisions that expanded gay rights.)

    Again, I would rather have this worked out in Congress and the legislatures than the courts.
     
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  7. Seawytch
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    Seawytch Information isnt Advocacy

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    Both Kennedy and Roberts have their legacy to consider. Roberts is young enough to not want to be on the wrong side of this...
     
  8. Katzndogz
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    Katzndogz Diamond Member

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    If they want to be on the right side of history, they will find against same sex marriage. If they want to be on the same wrong side of history as all the other failed civilizations that normalized homosexuality that's what they will do.

    After the fiasco of Roe v. Wade, they might just rule against same sex marriage and let it be fought out where it should be, in legislatures.
     
  9. percysunshine
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    percysunshine Gold Member

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    "Supreme Court to take up Same Sex Marriage... "

    I am going to assume that this thread is not about which Justices are gay....
     
  10. mjollnir
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    mjollnir BANNED

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    Your rank pig-ignorance of history duly noted.
     
    Last edited: Dec 8, 2012

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