Marriage headed for Supreme Court

[Zorra]

The Supreme Court agreed Friday to definitively answer whether the Constitution allows states to ban same-sex marriage, plunging the court directly into one of the nation's biggest legal and cultural issues.

By agreeing now to take up the question, the court allowed time for the case to be decided by the end of the current term in late June. The case will be argued in late April.

http://www.nbcnews.com/news/us-news/supreme-court-agrees-decide-gay-marriage-n287041

[marym625]

1. Not going to pretend it isn't a little frightening

This SCOTUS is rather crazy on a whole.

[Zorra]

2. I believe many of us feel the same way. I sure do.

[marym625]

5. Yeah

It's kind of gut wrenching

[RKP5637]

11. What a roller coaster, even more anxiety to deal with. Poof you're married, poof you're

not, and then maybe. It's horrible what people are subjected to for absolutely no reason than some nonsense affecting millions and millions of LGBT. This nation boasts of equality, equal rights, etc., but yet civil rights in the US are always a constant anxiety ridden struggle. True, not as horrific as many places, but we could do better IMO.

[marym625]

13. abso-fucking-lutely!

Sorry if the language offends you or anyone. Just can't agree with any greater enthusiasm. Look at the ERA. Nearly 100 years and we still can't get it ratified. Ridiculous.

[meti57b]

3. What possible grounds are there for not legalizing same-sex marriage?

No one is being hurt or injured, no one is being required to do something they find objectionable or that they don't want to do.

[Zorra]

4. There aren't any legal ones. But Scalia and Thomas will probably try to make some up.

[marym625]

6. You should read the dissents

To both the DOMA and prop 8 decisions. Luckily it's still the same SCOTUS but it was 5-4 so if one justice (Kennedy) us swayed by the argument. ...

I don't want to think about it

[MNBrewer]

7. Scalia's dissent to the DOMA case has been cited as a reason to invalidate the bans

LOL! I love that!

[Bagsgroove]

8. Delicious irony...

Yep, many of the lower court judges who have recently ruled that state bans on same-sex marriage violate the 14th Amendment have quoted directly from Scalia's dissent in which he predicted that the lower courts would use the majority argument in the Windsor case to overturn state bans on gay marriage. In fact, without meaning to, Scalia explained the logic of how the Windsor decision applies to the "equal protection" clause of the 14th Amendment and requires that states recognize same-sex marriage.

Never thought I'd say this, but well done Justice Scalia!

[marym625]

9. Yes and I bet Scalia is really pissed about that

But in his mind, and the minds of the 3 other naysayer justices, they are arguments for a ban. As far as I am concerned, there is no argument for a ban.

[RKP5637]

12. To me, if they ban LGBT marriage, then they could bring back segregation, and laws against

interracial marriage and all of that, fair housing, etc., at one time that's what all the people wanted. Civil rights left to the vote of the majority against the minority is a grave erosion of civil rights IMO.

[marym625]

14. exactly

And in this climate of open attacks on women and minorities, it's a real possibility.

[RKP5637]

15. Especially as voters let the republicans and teabaggers take full control and as democrats (some)

sit home on their asses and don't vote!

[marym625]

16. and it doesn't help

That some Democrats in office have no backbone.

Bad, scary, climate. An entirely different kind of climate change.

[RKP5637]

17. I've heard it said in a number of places that a good many republican voters still

think they are voting for Eisenhower type republicans who really were OK. They just don't get what the NEW republican party is all about, so they vote for them, like little brainwashed robots. It is frightening.

[marym625]

19. That's the biggest problem

With the majority of voters. They listen to talking points and nothing more. No research. No interest in investigating. It's truly what has happened. Apathy.

[ShadowLiberal]

18. Also read what things SC justices have said publicly

I think reading the tea leaves of public statements by some of the supreme court judges like Ginsberg that it's already been decided they'll legalize it.

Remember months ago when the Supreme Court shocked a lot of people by not taking earlier cases where courts upheld same sex marriages, which effectively legalized same sex marriage in at least 5 states?

Ginsberg spoke in an interview about that surprise, basically saying there's no need to get involved when there's no conflict.

Yet, the whole reason the federal courts are striking down marriage bans is because of the Supreme Court's 5v4 decision on DOMA, which basically took out all the legal legs anti-gay marriage advocates had to stand on.

[marym625]

20. I love Ginsberg!

I wish all 9 justices were like her.

Yes, you are correct. But I just don't have complete faith in this court. They've made some pretty horrendous decisions.

[nomorenomore08]

10. Regardless of what the SC rules, I don't see how the momentum in favor of marriage equality

can be halted at this point. It's just too big of a tidal wave.

Still, I am keeping my fingers crossed...

[Amimnoch]

21. I am very concerned. Our rights will hinge on one Judge's whim.. and his history is not positive.

On our Side we will almost definitely have: Ginsburg, Sotomayor, Kagan, and Breyer
On their side they will almost definitely have: Roberts, Thomas, Scalia, and Alito

Kennedy will almost definitely, once again be the great decider. It was Kennedy's crucial decision in the Windsor case that struck down DOMA. Will he decide again for us? I am not as confident as I was in Windsor. That the question of the Constitutionality of DOMA was a federal law issue, and we are not talking cases involving state laws could make all the difference, and well set us back horribly. To me it wasn't surprising the way Kennedy decided in DOMA. He has a history of checking federal powers, and the Constitutional question of Federal laws. However, when it comes to states rights, he's been very much on the opposite side of the fence. All 4 of the cases in Kentucky, Michigan, Ohio and Tennessee are putting into question the rights of states to determine their right to recognize or not recognize our civil right of marriage.

Kentucky passed their anti marriage law by legislature statute.
Ohio passed their anti marriage law by legislative statute.
Michigan passed theirs by popular vote, and as an amendment to their state Constitution.
Tennessee likewise passed theirs by popular vote, and as an amendment to their state Constitution.

If it were just Kentucky and Ohio that the Supreme court was deciding, I'd be a little more comfortable. Kennedy would have a much better chance in deciding in our favor. Whit Michigan and Tennessee having both ratified their homophobic discrimination by popular vote, and an amendment to their constitutions, history is definitely not on our side when it comes to Kennedy's critical decision in these cases.

I will be most elated to be proven wrong... but I'm not at all as confident in our success as the media seems to be.

[NCLefty]

22. This is going to be a STAGGERING loss for the fundies!

They're going to be wailing about the anti-christ and everything else...




It's gonna be GREAT!