RE: Proposition 8 Ruled Unconstitutional by a Fed. Judge
August 13, 2010 at 10:34 pm
(This post was last modified: August 13, 2010 at 10:39 pm by lrh9.)
I predict the case for equality for gay people will go all the way to the Supreme Court.
I think the grounds will most likely be civil rights and civil liberties or full faith and credit.
Of course, historically full faith and credit has never been enough to compel a state to recognize a marriage it did not want to recognize.
State bans on marriage between people of different race were overturned only by a Supreme Court decision.
That said, the possibility that the Supreme Court would set such a precedent in regards to full faith and credit seems to me less satisfying than the possibility that the highest court in the land would affirm gay people's rights to due process and equal rights.
Part of me is hoping the appeal is allowed and that it reaches the Supreme Court.
Part of me worries what would happen if the decision was not favorable towards gay people.
I think the grounds will most likely be civil rights and civil liberties or full faith and credit.
Of course, historically full faith and credit has never been enough to compel a state to recognize a marriage it did not want to recognize.
State bans on marriage between people of different race were overturned only by a Supreme Court decision.
That said, the possibility that the Supreme Court would set such a precedent in regards to full faith and credit seems to me less satisfying than the possibility that the highest court in the land would affirm gay people's rights to due process and equal rights.
Part of me is hoping the appeal is allowed and that it reaches the Supreme Court.
Part of me worries what would happen if the decision was not favorable towards gay people.
