Prop 8: Final Round

Discussion in 'Politics, Religion, Social Issues' started by bradl, Nov 28, 2012.

  1. bradl macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #1
    And here we go.. The start of the next round in this case is coming up Friday, with a decision expected on Monday.

    Note, that this is a decision on whether or not they will hear the case. If they don't, this is over. If not, oral arguments will be scheduled for next year.

    Either way, San Francisco is getting prepared for it.

    http://www.kqed.org/news/story/2012..._for_possible_marriage_rush?category=bay+area

    I'm honestly hoping to make it quick: Refuse the case, and let the 9th Circuit's ruling stand. But the other side of me wants them to hear the case, and strike it down completely. There's no room in this country today for laws like this, especially how it was presented and how proponents played this.

    BL.
     
  2. FreeState macrumors 68000

    FreeState

    Joined:
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    Location:
    San Diego, CA
    #2

    If only law were that simple. There are other possible outcomes for Prop 8.

    1) Refuse to take the case - its over.
    2) Refuse to take the case because of standing issues - remitted to 9th circuit
    3) Refuse the case and send it back to the 9th circuit for clarification on any number of points. (points of law with the original ruling)
    3) Put the case on hold while the legality of the DOMA cases is determined (such an order is possible if the unsettled law in the DOMA case would effect their possible ruling on Prop 8).
    4) Hear the Prop 8 case - to be ruled on in late spring.
    5) Roll the Prop 8 case into the DOMA challenges.

    There are of course many more possible outcomes. My best guess is they will take at least one DOMA case (leaning towards combining several of them into one case, probably 3 of them, so it covers all the possible classes; suspect, quasi-suspect class etc.)

    Im split on what they will do with Prop 8. My best guesses in order of my preferences:

    1) Refuse the case citing standing.
    2) Refuse the case with no statement on law.
    3) Take the case, by itself without involvement of the DOMA cases.

    Edit to add this site that is doing some great coverage of all the marriage discrimination related cases:

    http://www.scotusblog.com/2012/11/same-sex-marriage-i-the-constitutional-standard/

     
  3. iJohnHenry macrumors P6

    iJohnHenry

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    #3
    Yes, over, in favour of same-sex marriage, because the lower courts' rulings would now stand.

    A win is a win. :D
     
  4. rdowns macrumors Penryn

    rdowns

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    #4
    Adam and Steve!
    Adam and Steve!
    Adam and Steve!
     
  5. FreeState macrumors 68000

    FreeState

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    #5
    True - however I would rather them say its a win because those pushing the law in the election don't have standing. If they don't its possible that their inaction would cause even more confusion on standing on propositions. Previously to this case only an actual state would have standing - you give standing to everyone who pushed for a proposition and the whole system is going to become very convoluted and weakened in my opinion.
     
  6. thekev macrumors 604

    thekev

    Joined:
    Aug 5, 2010
    #6
    That reminds me of the daily show a number of years ago with Even Stephven. It's at 2:45 on that video.

    Also I wish we could just get past some of these weird hangups on social issues. Trying to hold them back hasn't worked indefinitely in the past. At this point they've just become a tool for pandering.
     
  7. bradl, Dec 7, 2012
    Last edited: Dec 7, 2012

    bradl thread starter macrumors 68040

    bradl

    Joined:
    Jun 16, 2008
    #7
    SCOTUS will hear DOMA and Prop. 8 cases

    And this just in at KQED and SCOTUSBlog:

    No timeframe yet on when arguments will be heard, but when they do, make sure you have some drinks, popcorn, kleenex, and bets at your local sports book locked in.. This is going to get good.

    BL.
     
  8. Moyank24 macrumors 601

    Moyank24

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    #8
    It's about time....


    And according to CNN, it looks like arguments will begin in March.

     
  9. leekohler macrumors G5

    leekohler

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    #9
    Or it could be very bad. Let's not forget who's on the court.
     
  10. mentaluproar macrumors 68000

    mentaluproar

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    #10
    This makes me very very nervous. There is always a chance Justice Scalia will become so outraged by something that he will force the others at gunpoint to agree with him.
     
  11. leekohler macrumors G5

    leekohler

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    #11
    That's what I was thinking. He's completely nuts.
     
  12. mentaluproar macrumors 68000

    mentaluproar

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    #12
    I'm surprised he hasn't had a psychotic break.
     
  13. freeny, Dec 7, 2012
    Last edited: Dec 7, 2012

    freeny macrumors 68020

    freeny

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    #13
    If this doesn't become legal, the SCOTUS is broken.

    If homosexuality is a natural occurrence, which it is, and not a choice, there's no reason gay marriage shouldn't be legal.
     
  14. mentaluproar macrumors 68000

    mentaluproar

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  15. Peace macrumors Core

    Peace

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    #15
    Our whole government has been broken for quit a while. Nothing the SCOTUS does surprises me anymore.
     
  16. leekohler macrumors G5

    leekohler

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    #16
    Look at Citizens United. It's already broken.
     
  17. vega07 macrumors 65816

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    #17
    I am extremely nervous. :eek:

    ----------

    You would think it would be this simple.

    I wholeheartedly agree with you. If the SCOTUS rules against equal rights, it is very broken.
     
  18. iJohnHenry macrumors P6

    iJohnHenry

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    #18
    Marriage is a business contract, nothing more. Otherwise just shack-up.

    Many cultures ascribe caveats to it that are far from natural, or even sane.

    One has to hope that SCOTUS has the balls to dismiss 'external' influences, and do the correct, and logical, thing.
     
  19. chrono1081 macrumors 604

    chrono1081

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    #19
    There is ZERO excuse for anyone to support prop 8. Any single person who does is nothing more than a lowly hate filled bigot.
     
  20. MadeTheSwitch macrumors 6502a

    MadeTheSwitch

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    Apr 20, 2009
    #20
    I'm really not that nervous. If the SCOTUS could rule correctly on Lawrence V Texas a number of years ago (when things were not quite so gay friendly in the U.S.) then I see no reason why they can't correctly rule on this case as well when the attitudes have shifted so much and when there are legal gay marriages in 10 spots now.

    All the gay bans, DOMA, all of it...fly in the face of the 14th amendment as well as being discrimination based on gender. I do not know how the court majority could get around that. It seems pretty clear.
     

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