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

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

    Quote Originally Posted by Sherman123 View Post
    Semantics. The decision not to take the appeal has a practical effect and had a conscious object behind it.
    Not at all semantics. The action today did not affirm or reject anything. That will come later, if at all.

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

    Quote Originally Posted by Taylor View Post
    Why bother having lower courts if you're going to question their findings where there is no conflict?
    what? the SCOTUS can't decide every single case in the US. but it can, should, and must rule when an entire protected class of people are being denied a fundamental right in some states.

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

    Quote Originally Posted by Crovax View Post
    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.
    Baker was decided for "lack of substantial federal questions". It did not rule that marriage was a state issue. That is an odd argument to try make given the federal government ruled in Loving versus Virginia against state interracial marriage bans and the federal government declared marriage a "fundamental right" which seems a pretty clear example of the federal government treating marriage as a federal issue. There has also been several subsequent developments which have voided Baker, including the Lawrence vs. Texas ruling which struck down sodomy laws, United States versus Windsor decision which struck down sections of the federal Defense of Marriage Act, and the legalization of same sex marriage in about a dozen states. There is now quite a compelling set of "federal questions" which SCOTUS will have to consider.

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

    Quote Originally Posted by Helix View Post
    what? the SCOTUS can't decide every single case in the US. but it can, should, and must rule when an entire protected class of people are being denied a fundamental right in some states.
    That is the job of the court system, not the SCOTUS. This is not an oligarchy.

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

    Quote Originally Posted by CriticalThought View Post
    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.


    RE #2

    Which is why I don't understand why they didn't defer the accept/reject appeals from the 5-states until they find out what the rulings of the 5th and 6th are. Delaying the ruling for 30-60 days would maintain the current status quo pending those decisions. Then decide.

    Denying cert now, means SSCM will be able to start in more states taking it up to 30 (+DC). If the 5th or 6th (or both) generate a new case with a split then it will be even harder for the SCOTUS to issue a ruling against Marriage Equality.



    >>>>

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

    Quote Originally Posted by Ockham View Post
    U.S. Supreme Court Refuses to Rule on Gay Marriage - Bloomberg



    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....
    A couple problems with your post. First, your first sentence should contain the word "now". The Supreme Court will not now, at this time, take up the issue. They very well may at another time when there is a split in circuit courts. Secondly, as others have pointed out, this does not leave things up to the states. In fact, circuit courts that have ruled have been clear that federal law(in this case the constitution) trumps state law. And "near future" should probably be changed to "in the next year". Looking any further out and it gets very uncertain.

    Nothing has been left up to the states, and this is not a "compromise" as you suggest later in the thread. While I think most SSM advocates would have liked to see a ruling from SCOTUS(I know I would like to get it done and over with), this still is nothing short of a significant gain for SSM, with a large number of states now, by the court not taking action, going to be compelled to allow SSM, with about 60 % of the country living where SSM is legal.
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by Crovax View Post
    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.
    The justices acknowledged that there was no precedent set by not taking that case.
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    Quote Originally Posted by WorldWatcher View Post
    Denying cert now, means SSCM will be able to start in more states taking it up to 30 (+DC). If the 5th or 6th (or both) generate a new case with a split then it will be even harder for the SCOTUS to issue a ruling against Marriage Equality.



    >>>>
    Yes, to reverse these decisions a year from now, thereby invalidating scores of same sex marriages, seems very unlikely (though not impossible).

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

    I would have preferred that the Supreme Court take up the case. In an odd way, this is a blessing for the anti-marriage equality crowd because now, Marriage equality will only be the law (for now) in 30 of the 50 states, delaying the inevitable. It does, allow the right-wing the opportunity to try to stack the Supreme Court with some more activist judges to implement their right-wing social agenda including defeating marriage equality....which is exactly why the next Presidential election is extremely important in order to protect the Constitution.
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    Re: **BREAKING** U.S. Supreme Court Refuses to Rule on Gay Marriage

    I would have preferred the Supreme Court take up the court cases as well. We'd have marriage in 50 states much quicker.
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