Reply #44: Crap.

[Ms. Toad]

It is not time yet, given the current composition of the Supreme court.

I have been predicting universal marriage recognition within 10 years of prop 8 - but this would change the timeline for the worse. Once a Supreme Court decision exists on the matter it takes much longer to reverse it. (How long have the conservatives been trying to reverse Roe v. Wade? Although it would certainly be decided differently NOW, the justices have enough respect for precedence that they will not overturn it outright. The same would happen with a bad decision on marriage equality.

Under Loving v. Virginia the only valid (legal) basis for refusing to recognize marriages from other jurisdiction is strongly held public policy. A few more states under out belts, and that strongly held public policy against same gender marriage will be impossible to support and then it will be time for a federal challenge.

This case is precisely why the cases to overturn prop 8 were drafted the way they were - based on a state question so they would not provide the opportunity for the proponents of prop 8 to take it up to the federal courts. So we're doing it to ourselves???