Correct in most legal ways the court could split (but not all)
Roland00 Send a noteboard - 07/02/2012 11:31:22 PM
There is no doubt in my mind that this case is going to the US Supreme Court
If this were to go to the Supreme Court, and they theoretically ruled bans against Gay Marriage were unconstitutional, every state would be forced to comply, even if their laws were different in writing, but carried the same effect?
Correct if the court finds there is a fundamental right to gay marriage. The court in the past has found there is a fundamental right to marriage. A fundamental right to marriage != a fundamental right to gay marriage.
The most narrowly I can see the US supreme court throwing out "gay marriage bans" but still side with advocates for same sex marriage (instead of siding with advocated who are against same sex marriage.) There is no fundamental right to gay marriage, there is a fundamental right to marriage, treating gays and straights differently with marriage and creating "marriage-light" institutions for gays is unconstitutional not because there is a fundamental right for marriage but because the state hasn't show a rational basis interest for the discrimination between gays and straights. Thus if this interpenetration is implemented ironically states that have civil unions will be forced into gay marriage but states with blanket gay marriage bans may be allowed to keep them.
--------
Ironically the interpretation of the last paragraph was the one argued by the most recent US Federal Court of Appeals. (It was not done by the district court). The reason why the judge who wrote the majority opinion did so was that he wrote his opinion in the most narrow way possible. It is not his job to declare fundamental rights that is a job for people above his pay grade. Instead he wrote the decision in the most narrow of a way possible, using the logic of Romer v. Evans instead of Loving v. Virgina.
Same Sex Marriage legal in California again, 9th Circuit Court of Appeals overturns prop 8
07/02/2012 08:21:12 PM
- 920 Views
What a rollercoaster. Guess it's going in the right direction, though.
07/02/2012 09:08:53 PM
- 477 Views
While I usually think the Ninth Circuit is smoking crack, this was a reasonable decision. *NM*
07/02/2012 09:38:17 PM
- 159 Views
not crack, more like marijuana for "medicinal" purposes....
*NM*
08/02/2012 03:41:20 AM
- 177 Views

Medicinal marijuana could not make the Ninth Circuit as crazy as they are.
08/02/2012 06:12:31 AM
- 377 Views
It's funny how religious laws are when this is supposed to be the land of religious freedom
07/02/2012 10:10:35 PM
- 365 Views
Finally. My and MGB's fantasy of being married by Patrick Stewart at San Diego Comic Con comes true. *NM*
07/02/2012 10:22:25 PM
- 149 Views
did you give him a ring yet? if not, you'll have to wait
*NM*
07/02/2012 10:41:52 PM
- 153 Views

No point being in a hurry. It takes forever to get tickets to Comic Con. *NM*
07/02/2012 10:47:51 PM
- 158 Views
Question:
07/02/2012 11:18:35 PM
- 655 Views
Correct in most legal ways the court could split (but not all)
07/02/2012 11:31:22 PM
- 416 Views
I disagree with this ruling. *NM*
08/02/2012 03:49:47 AM
- 166 Views
Well I disagree with my tax dollars being used on the purchasing of Tanks *NM*
08/02/2012 03:59:06 AM
- 166 Views
SCOTUS will overturn this ruling and uphold the ban,,,,,
09/02/2012 01:16:00 AM
- 371 Views
Very unlikely. The most likely outcome is a 5-4 decision upholding the 9th Circuit. *NM*
09/02/2012 01:24:08 AM
- 158 Views
Sure looks like it; good news for gays, bad news for Obama.
09/02/2012 02:23:24 AM
- 508 Views
The only way that I think the votes would change is if a justice died or had to retire.
09/02/2012 06:56:40 PM
- 476 Views
You lost me at bad news for Obama. How is such a ruling going to hurt him?
09/02/2012 08:45:28 PM
- 352 Views
Turn out
09/02/2012 10:53:07 PM
- 564 Views
You see, this is where I start to like those social conservatives.
09/02/2012 11:41:18 PM
- 420 Views
Roland pretty much covered it.
09/02/2012 11:35:06 PM
- 465 Views
5-4 decision overturning the 9th Circuit - no doubt..... *NM*
09/02/2012 03:09:17 AM
- 155 Views
You think Kennedy is going to vote to overturn? *NM*
09/02/2012 03:53:49 AM
- 140 Views
Yes, this case has nothing to do with gay marriage.....
09/02/2012 04:05:03 AM
- 460 Views
You really don't know what you are talking about
09/02/2012 04:18:35 AM
- 528 Views
Nice try, but no dice. SCOTUS will rule that it doesn't violate the 14th amendment. *NM*
09/02/2012 04:21:30 AM
- 166 Views
Do you hear what you are saying?
09/02/2012 04:27:15 AM
- 456 Views
You are getting confused.....SCOTUS will rule that the public vote doesn't violate.....
09/02/2012 04:45:38 AM
- 363 Views
Congrats; sucks for Obama and Congressional Dems though.
09/02/2012 02:38:22 AM
- 406 Views