Draka
Wonder Woman
Decision appears to open up possible appeal to US Supreme Court.
Court overturns Prop. 8 in California, says state can
Court overturns Prop. 8 in California, says state can
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That would be awesome if they did take it to the Supreme Court and they struck down all same-sex marriage laws in the nation due their violation of the 1st and 14th amendments.
They may still overturn this decision even if they leave it narrow. Or uphold it narrowly and avoid the rest.Because of the nature of the prop 8 case, essentially it only denied two people the right to be "married," but none of the common rights that go with marriage, which have already been established by other California laws, the SCOTUS may wait for a better case on which to rule.
And I think this is the problem. The Supreme Court doesn't take on middling issues, which in this case only involves a recognition of a cultural status, and has little substantive consequences.They may still overturn this decision even if they leave it narrow. Or uphold it narrowly and avoid the rest.
It's hard to argue that it's not a big deal though. By declining to hear it they tacitly approve of gay marriage which will still raise a s***storm.And I think this is the problem. The Supreme Court doesn't take on middling issues, which in this case only involves a recognition of a cultural status, and has little substantive consequences.
If they took on the California case they'd only be ruling on the cultural aspect of marriage, and not on any of its more legal ramifications.It's hard to argue that it's not a big deal though. By declining to hear it they tacitly approve of gay marriage which will still raise a s***storm.
No, it still addresses the legal aspect, if they took it and ruled as narrowly as the 9th circuit did, they'd only be addressing the right being taken away.If they took on the California case they'd only be ruling on the cultural aspect of marriage, and not on any of its more legal ramifications.