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Interesting. Joel Send a noteboard - 09/02/2012 11:12:59 PM
The tricky thing is that, unlike issues of Substantive Due Process, which Scalia holds does not exist (and Alito, Roberts and Thomas have been heavily influenced by him and adhere to his position), this is a question of actual Due Process. As a result, it is possible, though not likely, that one of the four conservative justices could actually side with a majority in a qualified opinion supporting the verdict only but with heavy dicta that no decision is being made that civil union laws would need to be replaced with marriage laws.

That might actually be the best case scenario, however unlikely, because social conservatives could not lambast the SCOTUS without attacking one (or more) of their own. If one or more justices says Prop. 8 violated the US Constitution but explicitly says that does not mean civil union laws must be replaced with gay marriage laws it could even mute some of the general outcry.

Personally, I still feel civil unions as such are the only thing that has any standing in state and federal law, but that is just one laymans opinion. I want to keep the government well away from marriage as a Sacrament (and all other Sacraments) for reasons that ought to be obvious to the religious right if they could just put their bigotry on a shelf long enough to use their brains. That would leave us to consider legal marriage purely as a social contract, and consenting adults ought to be able to enter into any legally binding contract they like with each other (which would incidentally apply to polygamy as well but, near as I can tell, even most gays are still OK with hunting polygamists for sport; so much for sexual liberation and equality. :P)

The reason for this is that the Ninth Circuit judges seemed to really grasp, for once, that they are a laughingstock because of their overly liberal interpretations, and that if they wanted to actually make the situation of homosexuals in California better, rather than worse, they would have to really produce a thorough opinion that would lay the groundwork for a successful appeal.

I think that anyone who attempts to compare this case to Lawrence v. Texas is going in completely the wrong direction, however. The question there was privacy, and here it is a direct equal rights issue.

Agreed. It is practically impossible to enforce anti-sodomy and abortion laws without an illegal search, but once we start talking about legally binding agreements as a matter of public record, privacy is off the table.
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Same Sex Marriage legal in California again, 9th Circuit Court of Appeals overturns prop 8 - 07/02/2012 08:21:12 PM 919 Views
Another good, important step. - 07/02/2012 09:08:10 PM 337 Views
Question: - 07/02/2012 11:18:35 PM 653 Views
Correct in most legal ways the court could split (but not all) - 07/02/2012 11:31:22 PM 414 Views
Good, sounds like some judges at least are human. *NM* - 08/02/2012 02:13:30 AM 148 Views
I disagree with this ruling. *NM* - 08/02/2012 03:49:47 AM 165 Views
Well I disagree with my tax dollars being used on the purchasing of Tanks *NM* - 08/02/2012 03:59:06 AM 165 Views
Okay. *NM* - 08/02/2012 05:33:19 AM 167 Views
Okay. *NM* - 08/02/2012 06:22:00 AM 151 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 507 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 474 Views
Interesting. - 09/02/2012 11:12:59 PM 421 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 351 Views
Turn out - 09/02/2012 10:53:07 PM 562 Views
Roland pretty much covered it. - 09/02/2012 11:35:06 PM 464 Views
Is Wayne Brady gonna have to vote a bitch into office? *NM* - 10/02/2012 01:21:40 AM 149 Views
No, someone already did that. - 10/02/2012 01:53:23 AM 465 Views
5-4 decision overturning the 9th Circuit - no doubt..... *NM* - 09/02/2012 03:09:17 AM 154 Views
You think Kennedy is going to vote to overturn? *NM* - 09/02/2012 03:53:49 AM 139 Views
Yes, this case has nothing to do with gay marriage..... - 09/02/2012 04:05:03 AM 459 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 165 Views
Do you hear what you are saying? - 09/02/2012 04:27:15 AM 455 Views
Congrats; sucks for Obama and Congressional Dems though. - 09/02/2012 02:38:22 AM 405 Views
This decision will not appear before Nov 2012 - 09/02/2012 03:47:58 AM 500 Views
OK then. - 09/02/2012 04:30:21 AM 318 Views

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