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Response to William769 (Original post)

Sat Nov 17, 2012, 01:49 PM

4. I think the court may be close to a tipping point on this.

The election brought two new states into the marriage equality group. The number of states with marriage equality keeps increasing. At some point, the court is going to have to accept that full faith and credit applies, given that several states have marriage equality on the books. California would be one more, and I don't think they have a decent way not to let the Prop. 8 ruling stand.

Of course this affects DOMA, too. Each state added to the marriage equality group makes it more and more difficult to justify not recognizing marriages on the national level.

I think the SCOTUS pushing this decision off again means that there is about to be a breakthrough decision coming. The court has to weigh states rights and deal with the states that already have marriage equality. They can't make that go away, and it's clear now that more states will enact marriage equality in the future. So, what can the SCOTUS do? Not much, under the Constitution.

Anyway, my fingers are still crossed in anticipation of a good decision. It will probably end up being 5-4 on both cases, with 5 for the marriage equality side. The Constitutional argument is almost impossible to ignore, even for this court.

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