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1StrongBlackMan

(31,849 posts)
Wed Mar 27, 2013, 10:47 PM Mar 2013

Here is my considered ...

but not well researched, opinion on the outcome of the twin Gay Rights cases before the SCOTUS. (Please point out, but forgive gaps in logic ... I'm coming off a 14 hour day where I've heard snippets of the arguments before the Court)

I am optimistic about DOMA being struck down AND marriage equality being the law of the land.

1) DOMA will be struck down on Federalism grounds. The States have been entrusted with defining marriage ... DOMA changes that dynamic.

2) Prop. 8 will also be found unconstitutional. This is a clear matter covered in the Bill of Rights, the 14th Amendment and the Brown Separate but Equal) decision.

3) The SCOTUS must unify the individual states' laws by extending marriage equality across all the states so as to be faithful to Article IV, § 2, Clause 2 of the U.S. Constitution (also known as the Privileges and Immunities Clause).

But this would only apply if the SCOTUS cared about consistency.

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Here is my considered ... (Original Post) 1StrongBlackMan Mar 2013 OP
I think the SCOTUS will toss out the Prop 8 case due to the Plaintiffs not having standing. n/t Tx4obama Mar 2013 #1
Yup, plus they don't have the guts to take a nationwide stand OffWithTheirHeads Mar 2013 #2
But if ... 1StrongBlackMan Mar 2013 #3
 

1StrongBlackMan

(31,849 posts)
3. But if ...
Thu Mar 28, 2013, 12:25 AM
Mar 2013

the kill Prop. 8 on standing, they still have to (should have to) unify the jurisdictions, i.e., set a frame-work that all the fed treats all the states the same ... thus, they'll have to announce marriage equality in all states, since the Cali Supremes ruled Pro 8 unconstitutional.

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