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Supreme Court Gay Marriage Rulings Will Come Tomorrow

Discussion in 'Too Hot for Swamp Gas' started by GatorBen, Jun 25, 2013.

  1. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    OMG Guys ... marriage is now undefended.
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  2. gatorman_07732
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    gatorman_07732 Well-Known Member

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    I could be wrong but it looks to me this is being set up for the USSC to throw marriage back to the states.
  3. orangeblueorangeblue
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    orangeblueorangeblue Well-Known Member

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    Isn't that essentially what just happened?
  4. g8rjd
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    g8rjd Well-Known Member

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    I think you got it exactly right.
  5. GatorBen
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    GatorBen Well-Known Member

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    Nah, you rule on federalism grounds alone if that's what you're doing. Kennedy's Fifth Amendment analysis is heightening the scrutiny on marriage restrictions and laying out the legal roadmap on how to challenge them on the state level.

    Seems they're punting on California (there are a lot of weird things about how that case set up that may make doing so desirable), but a better constructed challenge to a state restriction got a lot easier to win with that opinion.
  6. g8rjd
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    g8rjd Well-Known Member

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    Eh... that is a quote from Romer.
  7. g8trjax
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    g8trjax Well-Known Member

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    No worries. Just re-write as DOMAT.
  8. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Citing EP/5th means it will be harder for states to deny marriage to gays.
  9. GatorBen
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    GatorBen Well-Known Member

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    Changed the language from "suggest" to "require" in that principle now though.
  10. GatorBen
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    GatorBen Well-Known Member

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    As expected, Prop 8. is kicked on lack of standing in an opinion by the Chief. Tremendously weird lineup on the opinions though.

    Roberts joined by Scalia, Ginsburg, Breyer, Kagan for the Court. Kennedy dissent joined by Thomas, Alito and Sotomayor.
  11. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Yeah, that's not a 5-4 combo you're likely to see on much. :grin:
  12. GatorBen
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    GatorBen Well-Known Member

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    And Michi, I don't think our standing concerns got resolved. Haven't read it yet, but apparently Roberts says the Court has never found standing for a private party to defend a state law that the state abandons and declines to do so today. Doesn't sound like it will include a guide of how to get standing.
  13. MichiGator2002
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    MichiGator2002 VIP Member

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    That leaves us with the remedy paradox we discussed. Can a citizen group sue to demand California appeal? I hope they do try, because I want to hear the arguments on the scenario of just what someone is supposed to do if their state won't defend a citizen referendum or appeal an adverse ruling.
  14. oaklandroadie
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    oaklandroadie Well-Known Member

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    Unforeseen consequence...the death of the ballot initiative in California?
  15. mocgator
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    mocgator Well-Known Member

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    Does this all mean it's OK for NBA players to say "no-homo" during an interview??
  16. MichiGator2002
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    MichiGator2002 VIP Member

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    Basically, because any ballot initiative done to drag the state government kicking and screaming, the state government can lay down in court and block any defense of the law on the merits from being heard at trial or appellate level.
  17. g8rjd
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    g8rjd Well-Known Member

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    Fixed it for you. HTH.
  18. fredsanford
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    fredsanford VIP Member

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    Scalia dissents by saying the Court shouldn't overrule congress. Where was that attitude regarding the VRA?
  19. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Yeah, I'm sure there is some lawyerly type argument there. But arguing that history didnt stop in 1965, and seemingly saying that it did in 1994 seems a tad inconsistent to me.
  20. g8rjd
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    g8rjd Well-Known Member

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    While there are definitely parts of the majoirty that are "vintage Kennedy," the standing portion of his dissent is "vintage Scalia." He even takes a swipe at Kennedy for his prior use of international law.

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