Proposition 8 Ruled Unconstitutional by a Fed. Judge

[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.

[Minimalist]

Part of me worries what would happen if the decision was not favorable towards gay people.

For one thing the xtians would be celebrating because their god who is not the "son" who didn't like gays would be happy as opposed to the "son" who never seems to have addressed the issue at all. Of course, they are all one and the same and....my head just exploded.

[Tiberius]

Part of me worries what would happen if the decision was not favorable towards gay people.

I don't really understand the Supreme Court that much, but if they don't think gay marriage should be legal across all states, can they not decide that it is up to the individual states to make decisions on? (i.e. where we are now).

[Paul the Human]

Yes. The Supreme Court can decide to leave the decision up to the individual states, but they can also make it a federal law that states must allow it. They actually try to avoid such rulings most of the time, though, for obvious reasons.

[Minimalist]

The only time that the court is really forced to shit or get off the pot is when conflicting rulings come out of different appeals courts. Then they have to reconcile the issue.....usually along party lines.

[Tiberius]

A further question; can supreme court decisions be overturned by later supreme court decisions? So, for instance, if gay marriage was allowed by the supreme court today, would the supreme court in 20 or 30 years be able to override that decision?

[Eilonnwy]

http://wiki.answers.com/Q/How_can_US_Sup...overturned

So basically yes, but it's doubtful because historically with civil rights decisions that had a majority of the population against them, over time the population swings in favor. Like interracial marriage, everyone is aware how ludicrous it is to deny blacks and whites to marry, but it was extremely controversial at the time.

[Minimalist]

It just happened with the DC gun laws, Adrian. Essentially, 100 years of holding that the second amendment referred to a "collective right" to own guns ( for purposes of being in the state militia ) was thrown out by the court who decided that every whacko who wanted one could walk around with a gun.

Bad decision given by the 4 Nazi shitballs and Kennedy.

[The Omnissiunt One]

As Judge Walker said, there just is no good reason for denying the right to marriage to gay people. Oh, unless you count two thousand year old rantings from former Jewish torturers like Paul as a good reason...

[lrh9]

Looks like it is moving up the court ladder sooner rather than later.

http://www.msnbc.msn.com/id/38734992/ns/us_news-life/