Court Won't Force Prop. 8 Appeal

Discussion in 'Politics, Religion, Social Issues' started by leekohler, Sep 10, 2010.

  1. leekohler macrumors G5

    leekohler

    Joined:
    Dec 22, 2004
    Location:
    Chicago, Illinois
    #1
    Good news so far.

    http://www.advocate.com/News/Daily_...cials_Asked_to_Explain_Non_Defense_of_Prop_8/
     
  2. chrmjenkins macrumors 603

    chrmjenkins

    Joined:
    Oct 29, 2007
    Location:
    CA
    #2
    That is indeed good news. A part of me wants to see this go to SCOTUS on the grounds that I'd hope they'd uphold the ruling and change it for the nation, but I sincerely doubt that would happen at this stage.
     
  3. leekohler thread starter macrumors G5

    leekohler

    Joined:
    Dec 22, 2004
    Location:
    Chicago, Illinois
    #3
    The right would be very smart to let this go, because if this does go to the top, that will most likely be the result.

    Of course, I'm hoping they pursue it all the way to the Supreme Court. ;)
     
  4. bradl macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #4
    While I agree with you (and the decision) and hope that it does go all the way to SCOTUS with that result, I don't think that we will see that result. If SCOTUS strikes down Prop. 8 (which I believe it would), it will be argued that in this case, marriage is a 10th Amendment right reserved to the States. So while it will be great to see Prop. 8 smacked down once and for all, I think it will be left up to the States (not Congress) to address that limitation.

    In short, if Prop. 8 goes down, expect lawsuits in every state that has a gay marriage ban.

    BL.
     
  5. yg17 macrumors G5

    yg17

    Joined:
    Aug 1, 2004
    Location:
    St. Louis, MO
    #5
    How can marriage be a states issue when there are federal tax incentives (among other things) for married couples? I think once the fed decided to give married couples something, marriage became a federal issue.
     
  6. leekohler thread starter macrumors G5

    leekohler

    Joined:
    Dec 22, 2004
    Location:
    Chicago, Illinois
    #6
    Agreed. And I think the Supreme Court would uphold the California Court's decision. All the legal experts I've heard from think it is so well reasoned, that the US Supreme Court would have a very difficult time striking it down.
     
  7. Gelfin macrumors 68020

    Gelfin

    Joined:
    Sep 18, 2001
    Location:
    Denver, CO
    #7
    In a way, having the appeal dismissed for lack of standing is the worst positive outcome, because the ruling won't have that instant trial-by-fire affirmation, and I anticipate hearing the word "technicality" being dishonestly tossed about a lot in the following months and years.

    The good news is that Walker's decision will be cited extensively when this comes up in other districts. He's done the heavy lifting that could expedite challenges on fourteenth amendment grounds elsewhere. One of those might go to the Supreme Court instead. It's a longer road, but also more indicative of a genuine historical trend, which is the sort of thing that can influence the Court's view of an issue.
     
  8. bradl macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #8
    Then if that were the case, if this makes it to SCOTUS and they do strike it down, that should in effect strike down every gay marriage ban in the country. Not a bad thing. I'm thinking that the states may plead the 10th on this because each state has their own laws regarding this. Hopefully SCOTUS trumps that; I certainly wouldn't mind if they did.

    BL.
     

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