SCOTUS Justices Hinting They Will Avoid Issuing a Broad Ruling Legalizing or Banning Same-Sex Marriage

Posted: March 26, 2013 | Author: | Filed under: GLBT Rights, Marriage Equality, SCOTUS, U.S. Politics | Tags: , | 34 Comments

prop 8

This morning the Supreme Court held oral arguments on the challenge to California’s Proposition 8 ban on same-sex marriage. At Business Insider, Eric Fuchs writes:

The first of two huge Supreme Court cases on gay marriage may be heading for a partial victory for supporters of the movement.

“SCOTUS won’t uphold or strike down Prop 8,” SCOTUSblog’s Tom Goldstein predicted over twitter after the Tuesday hearing was over.

So what does that mean, and why would that be a partial victory for gay marriage advocates?

The hearing involved California’s voter-approved ban on gay marriage, known as Proposition 8, which was struck down by a federal judge and an appeals court. When California declined to defend the law, it was backed by a coalition of anti-gay marriage advocates and elevated to the Supreme Court.

The Supreme Court could decline to issue a ruling at all, however, by finding the anti-gay marriage advocates don’t have legal “standing” to defend the law.

If that happens, then the appeals court ruling would stand and gays could continue to get married in California.

You can listen to the oral arguments and/or read the transcript at The Washington Post.

I can’t say I’d be surprised if the justices punt this one. I know that the Scalia clique would love to ban same-sex marriage, but they probably couldn’t get the votes; and even if they did, they have to realize that the blowback from the public would be horrendous.

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Every one has the right to live Happily Ever After …

Posted: April 12, 2009 | Author: | Filed under: Human Rights | Tags: , , , , | 3 Comments

marriageI’ve never been a big fan of marriage even though I sat in one for about 20 years.  Don’t ask and I won’t tell.  I’ve found it to be a major constraint.   I found compromise is a virtue only to those who lack ambition and leave it at that.

However, I know I’m not the least bit in the main stream about a lot of things; mostly about any kind of religion.  It takes a lot of commitment and intellectual compromise to support religions developed back before high level reading, writing, arithmetic, and science were invented.   I even think that the term “DARK AGES” and “Age of Enlightenment” are pretty self-explanatory but then if there’s a god gene, it just doesn’t seem to run in my family and hasn’t for a long time.

Still, I’ve noticed a generational thing surrounding the marriage issue as well as old time religion.  The older you are, the more you insist it’s one man, one woman, and it’s best for children.  I just think it’s unnecessary unless you really want to give away your assets, time, and dreams to some body else who can drag you through court and take even more by the time you’re done.  My kids have yet to get married and think it’s something best put off to when you’re nearly dead any way (say somewhere between 30 and 40).  The kids and I think any one who wants to be able to do it should be able to get married.  My parents were both pretty accepting of gay people, but their generation just can’t see gay marriage.  In that way, my family appears to be pretty typical.

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