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.The Supreme Court has the opportunity to issue a landmark ruling this year as it considers the constitutionality of Proposition 8, California's ban on same-sex marriage.
It could define same-sex marriage as a constitutionally-protected right, or it could uphold the ban, setting back the gay rights movement for years. The case, however, isn't as simple as deciding whether or not same-sex couples have a right to get married.
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.