Possible outcome, re: SCOTUS on SSM | TigerDroppings.com

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GumboPot
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Possible outcome, re: SCOTUS on SSM



Would it be possible that Prop. 8 in California gets shot down however the remaining state laws (about 40) throughout the nation that define marriage between a man and a woman remain in tact?








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thetempleowl
Temple Fan
dallas, tx
Member since Jul 2008
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re: Possible outcome, re: SCOTUS on SSM


Well there are ways I would suppose.

Correct me if I am wrong, but isn't an anti-gay marriage group taking this to the supreme court to defend it?

Could the supreme court simply find that the group doesn't have standing to bring it to the supreme court because the state is not supporting it?

I think the answer to your question is yes, as it almost always is.

But you can wait for some of the legal experts here to chime in...






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Joshjrn
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re: Possible outcome, re: SCOTUS on SSM


Yes, there is a procedural issue rooted in the California constitution that would offer an easy out for SCOTUS. I don't remember exactly what it is, and I'm disinclined to read the prior opinions to figure it out, but it's there


This post was edited on 3/25 at 2:15 pm


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GumboPot
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re: Possible outcome, re: SCOTUS on SSM


quote:

But you can wait for some of the legal experts here to chime in...



I posed this question because I reading this article in the NYT. This would be a measured approach as Ginsberg stated in the case of R v. W:

quote:

“It’s not that the judgment was wrong, but it moved too far, too fast,” she said last year at Columbia Law School.


quote:

“They thought they were resolving a contentious issue by taking it out of the political process but ended up perpetuating it,” John C. Eastman, the chairman of the National Organization for Marriage and a law professor at Chapman University, said of the justices who decided the abortion case. “The lesson they should draw is that when you are moving beyond the clear command of the Constitution, you should be very hesitant about shutting down a political debate.”

Justice Ginsburg has suggested that the Supreme Court in 1973 should have struck down only the restrictive Texas abortion law before it and left broader questions for another day. The analogous approach four decades later would be to strike down California’s ban on same-sex marriage but leave in place prohibitions in about 40 other states.


I just don't see how that is possible. Maybe somebody has an answer here?






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Joshjrn
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re: Possible outcome, re: SCOTUS on SSM


To quote an old professor of mine, if your question starts with "can a federal judge..." the answer is "yes".

But to directly answer your question, it would look something like striking down DOMA without establishing homosexual marriage as a right in and of itself protected by the Fourteenth Amendment.



This post was edited on 3/25 at 2:26 pm


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Newbomb Turk
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re: Possible outcome, re: SCOTUS on SSM


quote:

Would it be possible that Prop. 8 in California gets shot down however the remaining state laws (about 40) throughout the nation that define marriage between a man and a woman remain in tact?


That's probably one of the stronger likelihood. The 9th Circuit case was written following the blueprint of the Romer v. Evans case -- which was authored by Kennedy. Most people expected the Ninth Circus to completely overrule the same-sex marriage ban. But, they didn't. They went with the Romer rationale -- and many commentators have suggested that they did it for Kennedy's benefit.

Personally, I think Romer can be distinguished.

Right now, I would put the odds as follows --

35% -- Kick it back because of standing issue (i.e., since Schwarzennegger and Brown, the Gov and AG of Calif. at the time, refused to defend it, no one has standing to argue the case in favor of the Prop 8).
35% -- Uphold State Constitution Ban.
25% -- Follow Romer but just for California.
5% -- Completely disallow bans on gay marriage.



This post was edited on 3/25 at 2:29 pm


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Newbomb Turk
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perfectanschlagen
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re: Possible outcome, re: SCOTUS on SSM


quote:

I just don't see how that is possible. Maybe somebody has an answer here?


Romer v. Evans suggests that once a certain group is given certain rights, they can't be taken away. That opinion was authored by Kennedy.

The problem is how gays in California "got" the right to marriage for that short period of time, i.e., through a biased and unconstitutional decision of the California Supreme Court.






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GumboPot
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re: Possible outcome, re: SCOTUS on SSM


quote:

35% -- Kick it back because of standing issue.
35% -- Uphold State Constitution Ban.
25% -- Follow Romer but just for California.
5% -- Completely disallow bans on gay marriage.


Thanks for the insight.






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GumboPot
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re: Possible outcome, re: SCOTUS on SSM


quote:

To quote an old professor of mine, if your question starts with "can a federal judge..." the answer is "yes".








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JEAUXBLEAUX
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Bayonne, NJ
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re: Possible outcome, re: SCOTUS on SSM


I bet 100% hate when people are too lazy to say Supreme Court and say SCOTUS. Guess same for Same sex Marraige





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Joshjrn
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Member since Dec 2008
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re: Possible outcome, re: SCOTUS on SSM


quote:

I bet 100% hate when people are too lazy to say Supreme Court and say SCOTUS. Guess same for Same sex Marraige


Was that English?






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GumboPot
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re: Possible outcome, re: SCOTUS on SSM


quote:

I bet 100% hate when people are too lazy to say Supreme Court and say SCOTUS.


You must be old? Even people that are SCOTUS junkies call it SCOTUS.






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Joshjrn
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Member since Dec 2008
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re: Possible outcome, re: SCOTUS on SSM


Literally every attorney I know calls it SCOTUS. If you call it the USSC, we know you're a tourist

ETA: This is in casual writing. Verbally saying "the Supreme Court" is pretty common, as well



This post was edited on 3/25 at 2:44 pm


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