Court may decide Calif. gay marriage ban

I'll bet they just let the lower court decision stand and never hear any more of this nonsense.

WasteWater wrote:

I'll bet they just let the lower court decision stand and never hear any more of this nonsense.

They'll probably decide to hear cases like this in a few years, but not now. The Cali case opinion was narrowly drawn, so I think that SCOTUS will decide not to hear this case for want of a substantial federal question.

Maybe in 10 - 15 years they'll hear such a case.

Remember that Bowers v. Hardwicke was decided in 1986, and Lawrence v. Texas which explicityly overturned that decision wasn't heard until 2003. So I think SCOTUS taking cases like this are a long way off.

Btw, IF gay marriages resume in Cali in the near future, then more than 25% of the U.S. population, or roughly 79 million people, will live in states that allow gay marriage.

FaFoxy wrote:

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They'll probably decide to hear cases like this in a few years, but not now. The Cali case opinion was narrowly drawn, so I think that SCOTUS will decide not to hear this case for want of a substantial federal question.
Maybe in 10 - 15 years they'll hear such a case.
Remember that Bowers v. Hardwicke was decided in 1986, and Lawrence v. Texas which explicityly overturned that decision wasn't heard until 2003. So I think SCOTUS taking cases like this are a long way off.
Btw, IF gay marriages resume in Cali in the near future, then more than 25% of the U.S. population, or roughly 79 million people, will live in states that allow gay marriage.

Absolutely correct on all counts.

I think SCOTUS will pass on this one just so that they can first make a ruling on DOMA. That ruling, based on all the lower court rulings already, will set up a stage where LGBT people will be seen as a suspect class, setting the stage for same-sex marriage amendments to start being examined in courts all over the country.

IrishmanLA wrote:

I think SCOTUS will pass on this one just so that they can first make a ruling on DOMA. That ruling, based on all the lower court rulings already, will set up a stage where LGBT people will be seen as a suspect class, setting the stage for same-sex marriage amendments to start being examined in courts all over the country.

There isn't anything important about this ruling in terms of law. All the issues have already been examined and beaten to death. The appellate court's decision will stand unchallenged.

WasteWater wrote:

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There isn't anything important about this ruling in terms of law. All the issues have already been examined and beaten to death. The appellate court's decision will stand unchallenged.

I agree.

WasteWater wrote:

I'll bet they just let the lower court decision stand and never hear any more of this nonsense.

If the Supreme Court ruled in the favor of gay marriage that would mean it would be legal in all 50 states. Remember Loving v Virginia?

If anything we should support the Supreme Court taking up the case that way we can get marriage equality in all 50 states.

Wat the Tyler wrote:

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If the Supreme Court ruled in the favor of gay marriage that would mean it would be legal in all 50 states. Remember Loving v Virginia?
If anything we should support the Supreme Court taking up the case that way we can get marriage equality in all 50 states.

According to the Bill Of Rights, states have the right to establish their own marriage laws. It's not important if another state writes their own gay marriage law or not. What IS IMPORTANT is that the states follow the U.S. Constitution and legally recognize the gay marriages that were performed in the states that allow them. Under the U.S. Constitution's Artivle IV., they must do that. And it's important that the federal government legally recognize ALL marriages and not just the marriages that "they like".

Wat the Tyler wrote:

<quoted text>
If the Supreme Court ruled in the favor of gay marriage that would mean it would be legal in all 50 states. Remember Loving v Virginia?
If anything we should support the Supreme Court taking up the case that way we can get marriage equality in all 50 states.

Not necessarily. This case has very limited parameters.

Wat the Tyler wrote:

<quoted text>
If the Supreme Court ruled in the favor of gay marriage that would mean it would be legal in all 50 states. Remember Loving v Virginia?
If anything we should support the Supreme Court taking up the case that way we can get marriage equality in all 50 states.

This case applies ONLY to California in that it applies to cases where a state has already allowed same-sex couples to marry and then a voter initiative rescinded that right. California is the only state in which this has happened. All the rulings have been VERY carefully worded so as to apply ONLY to California.

For this reason, and others involving the upcoming DOMA cases, I believe SCOTUS will choose to NOT hear this case, because the way it has been tried specifically does not apply to more than one state. However, should another state attempt to rescind the right after allowing same-sex couples to marry, this ruling can be used to block that initiative if it is left standing.