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Circuit Court strikes down Prop 8 in California

Shadow Wolf

Certified People sTabber & Business Owner
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.
 

Skwim

Veteran Member
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.
 

Drolefille

PolyPanGeekGirl
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.
They may still overturn this decision even if they leave it narrow. Or uphold it narrowly and avoid the rest.
 

Skwim

Veteran Member
They may still overturn this decision even if they leave it narrow. Or uphold it narrowly and avoid the rest.
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.
 

Drolefille

PolyPanGeekGirl
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.
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.
 

Skwim

Veteran Member
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.
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.
 

Drolefille

PolyPanGeekGirl
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.
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.

But not taking it on means just as much of a **** storm. It's a big issue regardless.

And the court can take it on and rule far more broadly than the 9th
 
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