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

  1. #31
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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.

    IMHO of course - I disagree.


    What they should have done is deferred accepting or rejecting the writ until the pending cases in the 5th and 6th Circuit Courts are issued. (9th not being relevant as we all know they will rule against the ban.) Those cases have already be "tried", appeals submitted, and oral arguments complete - and both the 5th and 6th could issue their rulings at any time.

    If they ruled to deny the ban - no problem, deny the writs and we are at the same point we are now.

    If they ruled to uphold the ban - now we have a problem as there is a split in the Circuit Court decisions. This **AFTER** the SCOTUS allowing SSCM in an additional 11 States.



    Should have delayed the decision to accept or reject.



    >>>>

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

    this should have been taken up by the SCOTUS. it is their job to ensure equal protection under the law.

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

    Quote Originally Posted by Ockham View Post
    I see it as a compromise.
    I am sure at least one conservative justice on SCOTUS must have seen it the same way, but if there is no circuit court split then it is only a matter of time before the federal government effectively legalizes same sex marriage nationwide without a SCOTUS ruling. Hm...that makes me wonder if the SCOTUS justices are already aware of how the 6th circuit will rule.

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

    Quote Originally Posted by tres borrachos View Post
    You have a dirty mind. I find that admirable.
    And then some...ha ha
    Quote Originally Posted by Bucky View Post
    You have no empirical evidence backing up your false assertion. You are simply conjecturing based on a whim...
    Quote Originally Posted by Hawkeye10 View Post
    Or maybe "We now understand why women provoke men into hitting them".
    Quote Originally Posted by American View Post
    . Losing insurance does not mean losing healthcare. .

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

    Quote Originally Posted by WorldWatcher View Post
    IMHO of course - I disagree.


    What they should have done is deferred accepting or rejecting the writ until the pending cases in the 5th and 6th Circuit Courts are issued. (9th not being relevant as we all know they will rule against the ban.) Those cases have already be "tried", appeals submitted, and oral arguments complete - and both the 5th and 6th could issue their rulings at any time.

    If they ruled to deny the ban - no problem, deny the writs and we are at the same point we are not.

    If they ruled to uphold the ban - now we have a problem as there is a split in the Circuit Court decisions. This **AFTER** the SCOTUS allowing SSCM in an additional 11 States.



    Should have delayed the decision to accept or reject.



    >>>>
    This decision only makes logical sense in two scenarios...

    1. SCOTUS is highly likely to legalize same sex marriage nationwide anyways and so it kicked the ball down the road so it would not become a huge election issue.

    2. SCOTUS is trying to force a circuit split before it takes up the case.

  6. #36
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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.
    There was no ruling. They didn't uphold or reject anything. They simply refused to consider the issue because there was no issue to resolve given no split.

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

    Quote Originally Posted by iacardsfan View Post
    There is no precedent for a SCOTUS ruling. There is not circuit conflict as of yet, which is generally why they would take up a case like this. In the case that circuit conflict arises, it would be shocking to see them not take it up.
    The conflict is when the SCOTUS refused to consider Baker v Nelson, essentially ruling that marriage a state issue not a federal one. The SCOTUS cant say that there is no constitutional issue with a same sex marriage ban and also say that it violates the constitution.

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

    Quote Originally Posted by Taylor View Post
    There was no ruling. They didn't uphold or reject anything. They simply refused to consider the issue because there was no issue to resolve given no split.
    Semantics. The decision not to take the appeal has a practical effect and had a conscious object behind it.

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

    Quote Originally Posted by Ockham View Post
    I see it as a compromise.
    There can be no compromise, either sexual orientation is a protected class or it isnt. This affects a lot more than just gay marriage.

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

    Quote Originally Posted by Helix View Post
    this should have been taken up by the SCOTUS. it is their job to ensure equal protection under the law.
    Why bother having lower courts if you're going to question their findings where there is no conflict?

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