NBC : SCOTUS not prepared to issue sweeping gay rights ruling | TigerDroppings.com

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Toddy
Ole Miss Fan
Atlanta
Member since Jul 2010
20451 posts

NBC : SCOTUS not prepared to issue sweeping gay rights ruling


I was afraid of this. They aren't ready. It sounds like they're not going to take the Prop 8 case at all because of the standing issue. If that happens, gay marriage will be legal in California but would not apply to any other state. Interestingly, if this does happen would this establish a precedent that any state that currently has gay marriage could not outlaw it (this was basically the verdict in the Walker courtroom, that a state could not take away a right that has been granted, ie, gay marriage) ?

This is really our best hope for the Prop 8 case IMO. (And, the initial ruling was written explicitly to only pertain to California. Walker and the Ninth Circuit structured it this way.)

If they do toss the case and not issue a broad ruling it will be much to the delight of Democrats who see this as a winning issue going forward, and much to the chagrin of the GOP (whether they admit it or not) knowing their party will be accused of intolerance (further alienating them from the majority (some polls suggest 80%) of young Americans.


quote:

In a historic oral argument on a challenge to state laws that limit marriage to heterosexual couples, the Supreme Court indicated Tuesday that it might not strike down such laws.

The justice whom many observers view as the swing vote in the case, Justice Anthony Kennedy, voiced worry at one point during the argument that proponents of same-sex marriages were asking the court to issue a decision that would “go into uncharted waters.”

After the oral argument, Pete Williams of NBC News reported that it seemed “quite obvious that the U.S. Supreme Court is not prepared to issue any kind of sweeping ruling” declaring that same-sex couples have a constitutional right to marry.
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Williams said there seemed to be “very little eagerness” from any of the justices to “embrace that broad a ruling.”

At issue Tuesday was California’s Proposition 8, the state constitutional amendment enacted by voters in 2008 that limits marriage to one man-one woman couples. Those seeking to have the court strike down Proposition 8 argue that the Equal Protection Clause of the Fourteenth Amendment includes a right for same-sex couples to marry.
Williams said that both the liberal and the conservative justices seemed wary of issuing a decision that would apply to any state outside of California.


It seemed possible the court would not issue any ruling on marriage at all – deciding instead that it had made a mistake in even agreeing to hear the case since the plaintiffs, supporters of Proposition 8, might lack the legal standing to bring the suit.

“I just wonder if the case was properly granted,” Kennedy said at one point to attorney Theodore Olson who was representing those challenging the California law.


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This post was edited on 3/26 at 2:45 pm



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JEAUXBLEAUX
LSU Fan
Bayonne, NJ
Member since May 2006
44564 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


Can they ban saying SCOTUS and substitute saying Supreme Court?





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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
23918 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

if this does happen would this establish a precedent that any state that currently has gay marriage could not outlaw it (this was basically the verdict in the Walker courtroom, that a state could not take away a right that has been granted, ie, gay marriage) ?



I'm pretty sure this make the decision pretty narrow. Meaning it only applies to CA. It definitely will only apply to CA if it gets pushed down to the CA state supreme court.






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Toddy
Ole Miss Fan
Atlanta
Member since Jul 2010
20451 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

I'm pretty sure this make the decision pretty narrow. Meaning it only applies to CA. It definitely will only apply to CA if it gets pushed down to the CA state supreme court.



What do you mean the CA state supreme court? What will they have to do with it?






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AngryBeavers
LSU Fan
Member since Jun 2012
3358 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


Anyone hoping for a sweeping ruling was grasping at straws. Supreme Court as it is currently made up does not want to touch this issue.





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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
23918 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

What do you mean the CA state supreme court? What will they have to do with it?


Maybe I'm confused, but I thought the CA supreme court initially ruled Prop 8 unconstitutional based on the CA constitution. I'm probably wrong. Sorry.






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TigerintheNO
LSU Fan
New Orleans
Member since Jan 2004
22532 posts
 Online 

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


I don't think Prop 8 case will be a biggest case, it will be DOMA case.





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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
23918 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

I don't think Prop 8 case will be a biggest case, it will be DOMA case.


DOMA needs to go down. The federal government has no authority to define marriage. The states never relinquished that authority.






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Toddy
Ole Miss Fan
Atlanta
Member since Jul 2010
20451 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

Maybe I'm confused, but I thought the CA supreme court initially ruled Prop 8 unconstitutional based on the CA constitution. I'm probably wrong. Sorry.





No it was ruled unconstitutional in federal district court and then this was affirmed by a three member panel on the Ninth Circuit. The full NInth Circuit declined to hear the case. If the SCOTUS declines to take the case, it would then unspool back to the NInth Circuit, where the verdict would stand, and gay marriage would be legal again.






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CptBengal
USA Fan
BR Baby
Member since Dec 2007
37617 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

I was afraid of this. They aren't ready. It sounds like they're not going to take the Prop 8 case at all because of the standing issue.


you're afraid they aren't ready to ignore the Constitutionally defined federal powers?

seriously...what the frick is wrong with you?






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Toddy
Ole Miss Fan
Atlanta
Member since Jul 2010
20451 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

seriously...what the frick is wrong with you?



I don't understand what you're talking about. They aren't ready to issue a brad ruling. Give it another then years and they will though.






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CptBengal
USA Fan
BR Baby
Member since Dec 2007
37617 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

I don't understand what you're talking about.


federalism...look it up.

quote:

Give it another then years and they will though.


so you can't wait for the day that fedgov will further expand its power sphere?

again:
quote:

seriously...what the frick is wrong with you?






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constant cough
LSU Fan
Lafayette
Member since Jun 2007
35407 posts
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re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

seriously...what the frick is wrong with you?



He's gay.






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BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
32376 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

Colonel Toddy


You KNOW that I am an advocate for your side...but, are you suggesting that if the SCOTUS were to come to the conclusion that there is no standing in this case, you would STILL want them to issue a ruling that you like?


That is terrible.


I want Gay Marriage rights, too. But, if the find lack of standing, i DAMNED sure want them to follow the "rules" and deny the case.








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Patrick O Rly
New Orleans Saints Fan
y u do dis?
Member since Aug 2011
36809 posts
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re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


:inb4protectedclass:
:inb4forcedacceptance:
:inb4letthestatesdecide:






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Godfather1
Army Fan
SE Louisiana
Member since Oct 2006
31302 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

seriously...what the frick is wrong with you?


quote:

He's gay.


Toddy's problem is not that he's gay. I know several gay people who are fine, upstanding human beings.

No, Toddy's problem is more along the lines of him being a Fascist. That's what's wrong with him.



This post was edited on 3/26 at 3:31 pm


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Tigerlaff
LSU Fan
Member since Jan 2010
9643 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

You KNOW that I am an advocate for your side...but, are you suggesting that if the SCOTUS were to come to the conclusion that there is no standing in this case, you would STILL want them to issue a ruling that you like?






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Toddy
Ole Miss Fan
Atlanta
Member since Jul 2010
20451 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

You KNOW that I am an advocate for your side...but, are you suggesting that if the SCOTUS were to come to the conclusion that there is no standing in this case, you would STILL want them to issue a ruling that you like?



There is NO WAY they can issue a ruling if they determine Protect Marriage doesn't have standing. I'm not sure what you mean?

I'm disappointed but this obviously is not the case for the SCOTUS to issue a broad ruling. I never really thought they would anyway on this case. The decision by Walker and then the NInth Circuit was written so it would most likely pertain only to California in the first place. Our best hope is if they issue a narrow ruling for Cali striking down Prop 8 or if they toss the case due to standing.

The standing issue presents the SCOTUS with the opportunity of not having to rule on this case, which it appears they are inclined to do.






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Rohan2Reed
Grambling Fan
T'uela me la pela
Member since Nov 2003
70306 posts

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

It sounds like they're not going to take the Prop 8 case at all because of the standing issue. If that happens, gay marriage will be legal in California but would not apply to any other state.








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TigerintheNO
LSU Fan
New Orleans
Member since Jan 2004
22532 posts
 Online 

re: NBC : SCOTUS not prepared to issue sweeping gay rights ruling


quote:

No it was ruled unconstitutional in federal district court and then this was affirmed by a three member panel on the Ninth Circuit. The full NInth Circuit declined to hear the case. If the SCOTUS declines to take the case, it would then unspool back to the NInth Circuit, where the verdict would stand


If they didnt have standing in the Supreme Court, how would there have been standing in the Ninth Circuit Court? Wouldn't it be thrown out of all federal courts?






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