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Post by cestlefun17 on Jun 14, 2011 18:06:03 GMT -5
From today's ruling:
In our society, a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right."
The Supreme Court of California will rule on the certified question relating to standing sometime this fall. The 9th Circuit can then either accept their findings or reject them.
What will most likely happen is that the Supreme Court of California will rule they will not have standing, the 9th Circuit will concur, and the Supreme Court will concur (or deny review), and Judge Walker's ruling will stand but will only apply to California.
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Post by Meshakhad on Jun 14, 2011 21:19:02 GMT -5
Why does it take so long to make a ruling?
Seriously, they've been deliberating for so long I had forgotten about the issue.
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Post by Dragon Zachski on Jun 14, 2011 23:59:21 GMT -5
Why does it take so long to make a ruling? Seriously, they've been deliberating for so long I had forgotten about the issue. Because it's politics. |
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Post by Meshakhad on Jun 15, 2011 2:31:57 GMT -5
Can we just take the judges and stick them in a room with no toilet for a week?
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Post by Mlle Antéchrist on Jun 15, 2011 2:36:04 GMT -5
With shit spewing from both ends, it might get a little messy after a while.
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Post by cestlefun17 on Jun 15, 2011 13:22:48 GMT -5
The Prop 8 proponents have just announced that they will appeal yesterday's ruling to the 9th Circuit. So now the 9th Circuit is hearing two appeals on this issue. They must be pleased  . |
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Post by Mlle Antéchrist on Jun 15, 2011 13:25:58 GMT -5
Hatred is stubborn.
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Post by itachirumon on Jun 15, 2011 16:25:02 GMT -5
I love it, I freakin' love it. Every appeal, every step, every move they make... s'all gravy to me. Because right now? The Supremes are the toss-up, the 5-4 decision one way or another. And every time they appeal every single little innane thing, the more riddiculous and farcical they look to the SCOTUS and to everyone else. The 9th isn't the only one who's going to be pissed right the fuck off.
Basically... they keep digging themselves deeper and deeper and deeper and are trying to find The One Judge who will side with them to re-enshrine homophobia into the legal system. But it will fail. Prop 8 will backfire and be the thing that made marriage equality legal country-wide.
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Post by cestlefun17 on Jun 15, 2011 17:22:32 GMT -5
I highly doubt this. The Supreme Court will find that the proponents do not have standing to appeal, even if the 9th Circuit and the California Supreme Court find otherwise. I am predicting that a ruling on the merits will not be reached in an appellate court for Prop 8.
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Post by perv on Jun 17, 2011 14:29:46 GMT -5
I could be mistaken, but I don't think any of the current cases will go to SCOTUS, being strictly about California law.
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Post by erictheblue on Jun 19, 2011 4:12:48 GMT -5
I could be mistaken, but I don't think any of the current cases will go to SCOTUS, being strictly about California law. The case addresses the Equal Protection Clause of the 14th Amendment, so is a Federal issue, not simply CA law. Also, the USSC hears cases about state laws all the time. That said, I doubt it will go to the USSC. To get there, the anti-gay marriage group has to be found to have standing to appeal. No standing = No 9th Circuit holding = No appeal to the USSC. If the anti-gay marriage group is found to not have standing, they could appeal that to the USSC, but another recent, similar, case from AZ that was ruled on by the USSC found the group did not have standing. So even if it did go up, it would die there on procedural grounds, rather than the merits. And in all honesty, I am not sure I want the current USSC ruling on gay marriage. |
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Post by MaybeNever on Jun 19, 2011 14:09:29 GMT -5
And in all honesty, I am not sure I want the current USSC ruling on gay marriage. This is something that worries me, too. As far as I can recall they're not too bad on social issues, but it would be a 5-4 vote for sure and a serious throw of the dice, despite the patent difference in the quality and strength of the arguments. If it has to be a SCOTUS ruling that establishes marriage equality, it'd be far safer to wait another generation, I think. |
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Post by Vene on Jun 19, 2011 14:24:39 GMT -5
And in all honesty, I am not sure I want the current USSC ruling on gay marriage. This is something that worries me, too. As far as I can recall they're not too bad on social issues, but it would be a 5-4 vote for sure and a serious throw of the dice, despite the patent difference in the quality and strength of the arguments. If it has to be a SCOTUS ruling that establishes marriage equality, it'd be far safer to wait another generation, I think. Although if we were to have one now, I want people as inept as the pro prop 8 lawyers arguing against gay marriage. |
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Post by Meshakhad on Jun 19, 2011 14:50:11 GMT -5
I still want it to go to SCOTUS. It's a gamble, but if SCOTUS rules our way on the merits, then it's game over. We win. Gay marriage is legal throughout the United States of America.
I'd love to see the fundie reaction.
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Post by MaybeNever on Jun 19, 2011 15:02:03 GMT -5
The whargarbl would be epic indeed.
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