RE: California's gay marriage ban unconstitutional
February 10, 2012 at 2:18 pm
(This post was last modified: February 10, 2012 at 2:21 pm by The Grand Nudger.)
(February 10, 2012 at 1:55 pm)kılıç_mehmet Wrote: But it seems to me that proponent of gay marriage are also able to bend the law in various ways, just as opponents are.
But in either way, it's quite troubling. It's either constitutional, or unconstitutional. The supreme court should be able to respond to these allegations.
And I take that any federal court is to follow any decisions taken by the supreme court, yes?
So this must be settled by the supreme court, or any consideration based on the law will not be a certain matter.
Yes, either side of any case might game the system if they think it will help them win. Federal courts are bound to follow the supreme courts decision on issues yes, but that doesn't mean that such issues have to make it to the supreme court. Essentially, they continue going up the chain of courts until one side or the other is out of money and energy for appeals. Even then, as per Mins post above, the supreme court can simply decide not to take a case. The point of the whole endeavor is to set a precedent which will then be used in future cases. This precedent can go through the process all over again, like a merry-go-round.
Is the leeway for impropriety becoming a little more clear now? What you need, if you want to alter a law or have a precedent set that is favorable to you or your cause, is a lot of money, alot of time, and big brassy ones...or you could just buy a judge at any (or every) point of this process.
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