Author Topic: SCOTUS Hears Gay Marriage Cases  (Read 10814 times)

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Offline Rabbit of Caerbannog

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SCOTUS Hears Gay Marriage Cases
« on: March 26, 2013, 11:44:08 am »

The day has finally arrived--today arguments are being heard for the landmark case of Hollingsworth v. Perry, a case which could end in a decision to legalize same-sex marriages in every state. Tomorrow, arguments will be heard for another important case, U.S. v. Windsor, which deals with the constitutionality of the federal Defense of Marriage Act. So, here are some Twitter updates about the Prop 8 case courtesy of SCOTUSblog. I know that the audio for the oral arguments can be found somewhere, I just have to figure it out. (Though if someone else finds it, please post it.)

Offline Rabbit of Caerbannog

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #1 on: March 26, 2013, 11:48:18 am »
As a reminder, the Perry case could have several different outcomes:

1.) The case could be dismissed if the Supreme Court finds that the Prop 8 proponents lack standing in the case.

2.) The Supreme Court could rule that statewide bans on same-sex marriage do not violate the Fourteenth Amendment's Equal Protections Clause.

3.) The Supreme Court could uphold the Ninth Circuit's limited ruling that a state cannot grant a right such as marriage and then rescind said right. This would affect California and theoretically any other state in which this has occurred.

4. The Court could rule that gays and lesbians have a fundamental right to marry and that prohibitions on same-sex marriage are inherently unconstitutional. This move would affect all fifty states, the majority of which do not currently recognize or allow same-sex marriages.

EDIT: Since the decision is expected this June, when we come closer to the deadline I'll start a poll on what people think the results will be.

Offline Damen

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #2 on: March 26, 2013, 12:17:18 pm »
Just read the Twitter updates.

Kennedy's a pussy.
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Offline Rabbit of Caerbannog

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #3 on: March 26, 2013, 12:19:49 pm »
Just read the Twitter updates.

Kennedy's a pussy.
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Offline Radiation

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #5 on: March 26, 2013, 02:34:24 pm »
As a reminder, the Perry case could have several different outcomes:

1.) The case could be dismissed if the Supreme Court finds that the Prop 8 proponents lack standing in the case.

2.) The Supreme Court could rule that statewide bans on same-sex marriage do not violate the Fourteenth Amendment's Equal Protections Clause.

3.) The Supreme Court could uphold the Ninth Circuit's limited ruling that a state cannot grant a right such as marriage and then rescind said right. This would affect California and theoretically any other state in which this has occurred.

4. The Court could rule that gays and lesbians have a fundamental right to marry and that prohibitions on same-sex marriage are inherently unconstitutional. This move would affect all fifty states, the majority of which do not currently recognize or allow same-sex marriages.

EDIT: Since the decision is expected this June, when we come closer to the deadline I'll start a poll on what people think the results will be.

I am hoping that the 4 option will be the one that is favored and this will have a profound effect never seen since the days of the civil rights movement (I forget which specific cases came before the SCOTUS at the time.)
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Offline dpareja

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #6 on: March 26, 2013, 02:42:52 pm »
As a reminder, the Perry case could have several different outcomes:

1.) The case could be dismissed if the Supreme Court finds that the Prop 8 proponents lack standing in the case.

2.) The Supreme Court could rule that statewide bans on same-sex marriage do not violate the Fourteenth Amendment's Equal Protections Clause.

3.) The Supreme Court could uphold the Ninth Circuit's limited ruling that a state cannot grant a right such as marriage and then rescind said right. This would affect California and theoretically any other state in which this has occurred.

4. The Court could rule that gays and lesbians have a fundamental right to marry and that prohibitions on same-sex marriage are inherently unconstitutional. This move would affect all fifty states, the majority of which do not currently recognize or allow same-sex marriages.

EDIT: Since the decision is expected this June, when we come closer to the deadline I'll start a poll on what people think the results will be.

I am hoping that the 4 option will be the one that is favored and this will have a profound effect never seen since the days of the civil rights movement (I forget which specific cases came before the SCOTUS at the time.)

The one to which a lot of parallels are being drawn is Loving v Virginia, which struck down all interracial marriage bans.
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Offline Damen

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #7 on: March 26, 2013, 02:46:36 pm »
I am hoping that the 4 option will be the one that is favored and this will have a profound effect never seen since the days of the civil rights movement (I forget which specific cases came before the SCOTUS at the time.)

From what I'm seeing on the Twitter feed, looks like Kennedy's gonna pussy out and they're likely either going to issue a very narrow ruling or dismiss it.
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Offline Rabbit of Caerbannog

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #8 on: March 26, 2013, 02:58:43 pm »
I am hoping that the 4 option will be the one that is favored and this will have a profound effect never seen since the days of the civil rights movement (I forget which specific cases came before the SCOTUS at the time.)

From what I'm seeing on the Twitter feed, looks like Kennedy's gonna pussy out and they're likely either going to issue a very narrow ruling or dismiss it.
Either way then, Prop 8 will be invalidated. And even that I'd gladly accept more than the Court upholding the ban.

Offline nickiknack

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #9 on: March 26, 2013, 03:55:45 pm »
I just hope that the ruling is in favor of same sex marriage somehow. Also from my lurking on facebook, it looks like the bigots are getting nervous.

Offline Random Gal

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #10 on: March 26, 2013, 05:53:25 pm »
I wonder how much whining we'll get from the fundies if the court rules in favor of same-sex marriage.

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #11 on: March 26, 2013, 05:55:51 pm »
I wonder how much whining we'll get from the fundies if the court rules in favor of same-sex marriage.

The fundie reaction in a nutshell:
<a href="http://www.youtube.com/watch?v=HY-03vYYAjA" target="_blank">http://www.youtube.com/watch?v=HY-03vYYAjA</a>

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #12 on: March 26, 2013, 07:10:13 pm »
At least Kennedy sounded sympathetic, even if he sounded overly cautious.

Offline Sleepy

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Re: SCOTUS Hears Gay Marriage Cases
« Reply #13 on: March 26, 2013, 09:33:16 pm »
Some handy numbers: http://news.msn.com/politics/gay-marriage-by-the-numbers

I'm hoping for the best here, but I really can't get over how ridiculous this entire situation is. The fact that we're still fighting for equality, and that so many people are still against it. I know their reasoning, but it's ludicrous.
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Re: SCOTUS Hears Gay Marriage Cases
« Reply #14 on: March 26, 2013, 10:02:14 pm »
Nate Silver on Same-sex marriage statistics. I really want to keep this man all for myself, and he can be a great gambling partner.
« Last Edit: March 26, 2013, 10:29:44 pm by Empress Nicki »