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Thread: 5 possible outcomes of the Supreme Court Prop. 8 case

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Jack Fabulous View Post
    Yes, it does.

    Prior to prop 8 same sex couples were allowed to marry in California for a period of about 2 years. Prop 22 was the law of the California starting in 2000 until the California State Supreme Court overturned it in 2008. This ruling declared that same sex couples had the right to marry and thus nullified prop 22. The right for same sex couples in California existed for a period of about two years and was essentially based on a technicality.
    My point was that the right existed and you just agreed that it did.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by LowDown View Post
    Following oral arguments the SCOTUS Blog's comment was that they didn't have 5 votes on the court that wanted to uphold SSM, and Kennedy wanted to dismiss the case by ruling that SSM supporters didn't have standing to file the case. If the court went that way then Prop 8 would stand, and they felt that was a likely outcome. But YMMV.

    What will the Court do with Proposition 8? Today’s oral argument in Plain English : SCOTUSblog
    Dammit, some one beat me to it with the link. SCOTUSBlog, always excellent reading.
    Having said that, people have forgotten how silly the whole idea of SSM is.

    The idea that SSM is somehow a civil rights issue is a distortion of the concept of civil rights. And silly. What's next? Are they going to claim a civil right to have sex with dogs? What is there to keep them from doing that in today's America?
    Slippery slope arguments are inherently weak.
    The idea that SSM is about freedom is a corruption of the concept of freedom. And silly. What's next? The "freedom" to marry prepubescent children? The "freedom" to be married to 9 wives at the same time? What is there to keep them from doing those things in today's America?
    Do you have any clue what a victim is? It's something that SSM does not have. False comparisons are false.

    The United States is becoming increasingly degenerate. People confuse freedom with libertinism and confuse civil rights with a right to fulfill all perverted and twisted desires. Increasingly people have criticized and undermined all the worthy traditions and values that were formerly celebrated and upheld. People should read the Marquis de Sade to see where that's likely to go.
    Your opinions on gays is irrelevant.
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    Quote Originally Posted by Fiddytree View Post
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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    Other way around actually. They might rule that SSM opponents had no standing to file the SCOTUS case. This would leave the existing ruling in place - overturn of prop 8.

    And yes. They seem reluctant to set a nationwide precedent either way.

    And that's not even bothering with your slippery slope bestiality bull****. Animals can't sign legal contracts.
    And yet folks still leave millions to their pets every year.

    I agree, from the talk floating around it looks like the court will do it's best to NOT decide the issue definitively. However, just a procedural note: I don't believe federal courts other than the SCOTUS itself should be able to decide upon the constitutionality of STATE constitutions. Once the state's highest courts have verified on state constitutions the only court available for appeal on federal constitutionality should be the SCOTUS.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Mr.Nick View Post
    Are you familiar with the Tenth Amendment, Prop 8, propositions in general and direct democracy?

    The Supreme Court even hearing this case is unconstitutional in the first place because it violates the Tenth Amendment.

    There is nothing in the Constitution about gay marriage or even marriage, however the Tenth Amendment is quite clear.
    You really don't understand the court system or the Constitution if you think its unconstitutional for the SCOTUS to hear a case on constitutional grounds, that's its very purpose. Then again you don't understand how time zones work either so I guess law is way beyond your reach.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    It's gay week at SCOTUS!

    5 possible outcomes of the Supreme Court Prop. 8 case - CBS News



    Today they are hearing arguments on Prop 8 in CA, which would ban SSM. Prop 8 was overturned but the appeal is waiting for a decision by SCOTUS. There's quite a bit of speculation that SCOTUS will wuss out on this one, ruling that prop 8 supporters have no legal standing to bring this case before SCOTUS. (The state of California refused to defend the amendment in court, so anti-SSM folks took up its defense) The effect of this would be the previous ruling stands, prop 8 is overturned and SSM is legal in CA. While disappointing for pro-SSM folks, it's not all bad, CA moves back to freedom on a permanent basis and an interesting precedent regarding standing of straight people in SSM cases is set.

    Virtually nobody hearing the court discussion thinks prop 8 will be upheld. Tweeters indicate that SCOTUS seems much more wary of setting a broad precedent on the subject. P
    Cowards. This isn't going away!

    Tomorrow they take arguments on a constitutional challenge to the Defense of Marriage Act. I think SCOTUS has fewer punt options there, as it's a federal law with challenges in multiple districts.
    I suspect your speculation is correct.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Deuce View Post
    My point was that the right existed and you just agreed that it did.
    I guess it's all in the packaging.

    You want to present this as gays being stripped of the right to marry. I'm just pointing out that their right to marry only existed for a brief time because of a highly contested and controversial court decision. None of it really matters, though. Gay marriage will be the law of the land in less than 10 years. Not real difficult to gauge which way the wind is blowing on this one...
    Quote Originally Posted by Bucky View Post
    I have pooped in public, even in public neighborhoods.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    It seems rather straight forward to me. The state issues the marriage license, so they get to set the rules on what it takes to get one issued.

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Would anyone want to allow a girl scout troop out into the woods with a male

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Jack Fabulous View Post
    I guess it's all in the packaging.

    You want to present this as gays being stripped of the right to marry. I'm just pointing out that their right to marry only existed for a brief time because of a highly contested and controversial court decision. None of it really matters, though. Gay marriage will be the law of the land in less than 10 years. Not real difficult to gauge which way the wind is blowing on this one...
    Looks can be deceiving. I heard the same thing in the 70s, 80s and 90s ("Gay marriage will be the law of the land in less than 10 years").

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    Re: 5 possible outcomes of the Supreme Court Prop. 8 case

    Quote Originally Posted by Samhain View Post
    It seems rather straight forward to me. The state issues the marriage license, so they get to set the rules on what it takes to get one issued.
    It's more complicated than that. States can't arbitrarily make discriminations on the basis of gender, they need to show a reason.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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