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Three Ways The High Court Might Rule On Your Marriage Equality

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By:           Chris Bull
On:           Jun 6, 2013
Tagged: , , , , , , , , ,
  • 17 Comments
    • hyhybt
      hyhybt

      All right. Until recently, nobody was reporting dates more specific than “by the end of June.” Then I was seeing June 27th in several places. Now the last day is supposed to be the 24th. What’s going on here?

      Jun 6, 2013 at 6:32 pm · @ReplyReply to this comment ·
    • 1EqualityUSA
      1EqualityUSA

      The Supreme Court needs to rule on this, so that our Country can start healing and getting on with our lives. The law suits and constant legal wrangling is dreary. Equality must be upheld. Win or lose, every time a community votes on the rights of other, less popular, Americans, it is demoralizing. Our rights should not be put up to popular vote.

      Jun 6, 2013 at 6:53 pm · @ReplyReply to this comment ·
    • Homophile
      Homophile

      @hyhybt:

      The court issues ruling on Mondays, so expect a ruling on either June 10th, 17th, or 24th.

      Jun 6, 2013 at 9:26 pm · @ReplyReply to this comment ·
    • vklortho
      vklortho

      So what are the 8 other states besides California that could have their ban struck down?

      Jun 6, 2013 at 11:32 pm · @ReplyReply to this comment ·
    • JakeAndrew
      JakeAndrew

      What’s the Affirmative Care Act?

      Jun 7, 2013 at 12:38 am · @ReplyReply to this comment ·
    • vklortho
      vklortho

      @JakeAndrew: They probably meant the Affordable Care Act(i.e. Obamacare).

      Jun 7, 2013 at 12:42 am · @ReplyReply to this comment ·
    • JakeAndrew
      JakeAndrew

      @vklortho: I see. But that was upheld last year.

      Jun 7, 2013 at 12:44 am · @ReplyReply to this comment ·
    • Billysees
      Billysees

      @1EqualityUSA: No. 2

      Your comment is the best.

      Especially, ” Our rights should not be put up to popular vote. “

      Jun 7, 2013 at 3:32 am · @ReplyReply to this comment ·
    • erikwm
      erikwm

      @hyhybt: The court issues ruling on Mondays and Thursdays. The marriage cases will likely be the last opinions issued. That means either Monday, June 24th or Thursday, June 27th.

      Last year, the court’s ruling on the Affordable Care Act (aka Obamacare) was held until the last day of the session — Thursday, June 28th.

      There are still major rulings on voting rights, affirmative action, and gene patents that will likely be the newsmakers over the next couple weeks. The marriage cases will likely go last.

      Jun 7, 2013 at 3:38 am · @ReplyReply to this comment ·
    • Geoff B
      Geoff B

      Obviously, the optimal outcome is same sex marriage is legalized everywhere. Don’t hold your breath. Realistically, the best outcome will go like this: Kennedy won’t want to be remembered as the deciding vote that lands him on the wrong side of history. Prop 8, IMO, is a foregone conclusion. It will be struck down. DOMA, they will find if nothing else, flies in the face of the “full faith and credit clause” of the Constitution. They may also cite “seperate but equal” is unconstitutional meaning the 6 civil union states (NJ, Oregon, Hawaii, Illinois, Nevada and Colorado) will go marriage, and finally the states that don’t allow SSM will be made to recognize marriages granted in states that do. At least it’s what I’m allowing myself to hope for.

      Jun 7, 2013 at 5:13 am · @ReplyReply to this comment ·
    • Cam
      Cam

      Or they will be cowards, and say that the case wasn’t against the entirety of DOMA but only against one part of it, and they will strike down that one part and leave the rest intact.

      Never be surprised at the cowardice of present day politicians or judges.

      Jun 7, 2013 at 10:47 am · @ReplyReply to this comment ·
    • Wayne
      Wayne

      Perhaps if we are not “granted” our Civil Rights, we should become uncivil, Right?

      Jun 7, 2013 at 11:56 am · @ReplyReply to this comment ·
    • 1EqualityUSA
      1EqualityUSA

      Wayne, and stop paying taxes until we are seen as equal. We could all band together and refuse to pay taxes until we are equal.

      Jun 7, 2013 at 12:06 pm · @ReplyReply to this comment ·
    • chefshep65
      chefshep65

      just a few weeks away, and hoping that i finally can get married for real to the love of my life!

      Jun 7, 2013 at 1:22 pm · @ReplyReply to this comment ·
    • Charli Girl
      Charli Girl

      @Wayne:
      Oops..thought we were already supposed to do that when we’re approached by homophobes …SAWY..lol

      Jun 7, 2013 at 5:58 pm · @ReplyReply to this comment ·
    • Elloreigh
      Elloreigh

      They missed a possibility – Prop 8 upheld and DOMA found unconstitutional. The court isn’t going to invite controversy by endangering 30 state amendments enacted by voters. It will either uphold Prop 8, or punt in on the standing technicality, limiting it to just California. It’s frankly a toss-up, but I’m slightly inclined to think they’ll uphold Prop 8.

      DOMA Section 3 being found unconstitutional seems like a no-brainer. But the reason will be federalism, not equal protection. The justices aren’t going to be willing to declare orientation a suspect class.

      Give ‘em another 15-20 years, maybe they’ll come around.

      Jun 10, 2013 at 11:49 pm · @ReplyReply to this comment ·
    • Elloreigh
      Elloreigh

      @Geoff B: Well, you’re hopes are unfounded. Prop 8 is a lot more iffy than DOMA, because the court won’t want to be seen as acting against the will of “the people” as expressed through a voter initiative.

      You’re completely wrong about DOMA. The DOMA case is a challenge to Section 3, which is the federal definition of marriage. This stuff you’re talking about (full faith and credit, civil unions states being required to offer marriage recognition, states being required to recognize the marriages of other states)- that’s all connected to Section 2, not Section 3. The court isn’t going to take up any of that.

      They’re also not likely to rule on the equal protection claims, so don’t expect to hear/read anything about “separate but equal” in the majority opinion.

      We will not see any kind of unified ruling in these cases. Expect to see several individual justice writing opinions that concur in part and dissent in part from the majority opinion, more so than usual. That kind of division within the court will provide us with a narrow ruling, not the kind of broad ruling that sweeps away all the restrictions and promises equality.

      Jun 11, 2013 at 12:18 am · @ReplyReply to this comment ·

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