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Thread: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

  1. #21
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Sherman123 View Post
    Err... but the ruling upholds the Federal courts decisions and rejects the states efforts to seek remedy for those decisions. That is the opposite of what you're talking about.
    My overall point is clear though no? I don't want the SCOTUS making a ruling for all 50 states.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Ockham View Post
    I disagree - they can leave it to the lower courts forever and continue to refuse to take the issue up. It should be IMO a state issue not a federal issue. Government really has no business being in the middle of marriage of any sort.
    Roberts, although he is very conservative, he is not anti gay. I had a friend who was very close to the Supremes who is in a long time same sex relationship, same for the late Chief Justice Rhenquist. It is now legal in 30 states, it will be over 40 states very soon. And it is a good thing, a same sex marriage hurts no one, and the majority of the public has no problem with it.
    "Those who do not remember the past are condemned to repeat it." George Santayana

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Top Cat View Post
    Nice metaphors. Put to bed... exhausting...same sex....nicely done
    You have a dirty mind. I find that admirable.

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by CriticalThought View Post
    To put it simply, this denial of review by SCOTUS allows federal court rulings over 11 states that effectively ends state bans on same sex marriage in those states, and you see that as a victory for states rights? Do I have that right?
    See post #21
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Fletch View Post
    Bravo. This is exactly what they should have done.
    But it isn't what they did.

  6. #26
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Ockham View Post
    My overall point is clear though no? I don't want the SCOTUS making a ruling for all 50 states.
    So instead you'd prefer the Federal Circuit courts do it in their stead? All right then. As long as the states aren't deciding for themselves I'm comfortable.

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by CriticalThought View Post
    That has already happened. Until there is a split in the appeals circuits, which is likely when the 6th circuit of appeals finally makes their ruling, there is nothing to push SCOTUS to take up the appeals. And if the unlikely event occurs that there is never a split in the appeals circuits, meaning that every appeals court rules the same way, then SCOTUS could theoretically never take up the issue.

    That's what I find mind blowing. If anyone had asked I'd have given the following odds: 70% defer to a later conference waiting on the 6th Circuit to issue a ruling, 25% chance accept one of the current writs, 5% deny all writs (thereby adding - IIRC - 11 states those with legal SSCM).



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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Ockham View Post
    My overall point is clear though no? I don't want the SCOTUS making a ruling for all 50 states.
    ...

    Fine, but the way you should characterize that is "allow the lower federal courts to decide it" not "allow the states to decide it." Every single one of those 11 states are going to be pissed that SCOTUS did not pick this up and rule in their favor to have a ban.

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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by CriticalThought View Post
    ...

    Fine, but the way you should characterize that is "allow the lower federal courts to decide it" not "allow the states to decide it." Every single one of those 11 states are going to be pissed that SCOTUS did not pick this up and rule in their favor to have a ban.
    I see it as a compromise.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Ockham View Post
    The SCOTUS has ruled they will leave it up to the states to decide and will not take up a nationwide ruling on same sex marriage. This means that lower court ruling will stay in place unless challenged in the future. No federal ruling of marriage is in the near future....
    While there is a chance this broad perspective is accurate, it's difficult to know right now. There were three appeals decisions in question, all of which overturned state restrictions on same sex marriage. The narrower interpretation of the Supreme Court's decision not to hear the cases is that the Appellate rulings are consistent with the Constitution's "equal protection" clause. Therefore, no new constitutional issues arise and it is unnecessary for the Supreme Court to hear those cases.

    A test of sorts would arise if a future Appellate ruling strikes down or reaffirms a prohibition of same sex marriage. If the Supreme Court declined to hear that case, then one might have evidence of a broader "states rights" approach. My guess, given the combination of earlier Supreme Court rulings related to same sex marriage, is that the Supreme Court took the narrower approach. Hence, its choice not to hear the appeals is a further step toward marriage equality.

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