LGBT News Time for Same-Sex marriage to go to the Supreme Court. (uh oh) 6th circuit court

But it was expected that this would end up in the supreme court, wasn't it?

 

Their entire ruling cites no case law. This seems like they only made the decision to have SCOTUS rule that same sex marriage is legal in all 50 States and US territories.

 

Or they want a strike down in all 50 states. It's really risky to bring marriage equality up to SCOTUS so close to George W. Bush's many appointments.

 

Sorry, I meant that. But still, with so many hard-right people on this issue, it's a big risk to let it go to SCOTUS at this time; if they rule against it, this ruling will hold for a long time unchallenged.

 

and people wonder why I want to move to Canada....:rolle:

Ladies, Gentlemen, and everyone in between I give you the State of Ohio- Fucking up peoples lives since 1803.:***:

 

I'm definitely considering a move to Canada after grad school. It seems like the only country where I can be both gay and Jewish and not feel like I have a target on my back.

 

Well, the opinion is quite "interesting." Right before it reverses the district courts, the opinion states:

(emphasis added)

WTF?:bang:


HOWEVER, what was hilarious was how the dissenting opinion started:

 

That bolded bit reads like something out of Star Trek. Seriously what planet are they living on to be that naive?

 

This made me very sad, being from Michigan. My partner and I plan to get married around Thanksgiving, here in Maryland, and then, the plan was to move back to Michigan, where our parents are all getting older...so this just sucks.

I hate the idea we can be married here, then, when we move back home to care for our aging relatives, our rights go down the fucking drain.

And I don't have much faith in the Supreme Court as it stands now...and, if the Republicans get to nominate one more justice, and this case is not heard soon, we could see a very ugly change. With a wave of very conservative Republicans heading to the senate, the fight is not over, especially to the Christian right. This is no time to rest, and assume everything will be OK. The right will still try to stop this, any way they can, and reverse any gains they can, in as many places as they can.

Reminder: You like your civil rights? Don't vote Republican.

What also troubles me is the precedent this sets for any of the other undecided federal district and circuit courts: Now they have one major ruling to cite, and on the federal circuit level.

 

Not gonna lie, I'm a bit freaked out knowing how the Supreme Court ruled on recent cases this might be bad, But who knows at this point.

 

here we go ._.

 

Can the SCOTUS still tackle this issue and rule by June of 2015? Or is it too late, and we have to wait another year?

 

I'm 99% sure the SCOTUS docket is full, and we have to wait another year.

And the judge who fucked us over? Appointed by G. W. Bush, there ya go!

 

The 'logic' of the Circuit Court is pretty much standard conservative boilerplate about how it would really be better if legislatures decided things instead of courts. Which sounds nice but is pretty much BS in the real world because:

a) the whole reason the federal court system was set up in the first place was to provide a final arbiter on these kinds of questions that is theoretically not so easily swayed by 'the will of the mob'.

b) if the situation were reversed and some favorite cause of the conservatives had received a similar ruling, after having some similar history, they would scream their heads off. Consistency is not these people's strong point.

As far as what the Supreme Court might do...

Worst case scenario would be for them to rule against us, saying there is no constitutional right to marriage, although how they would tap dance around the equal protection clause and their own DOMA ruling remains a mystery. This would (as far as I know) kick things back to the states. Which would then find themselves in the position of having to essentially nullify some thousands of marriages (which would still be recognized at the Federal level however, since SCOTUS already struck down DOMA) in a very public way in a presidential election year (if this doesn't get decided until 2016 and since the media is already gearing up for the next election its practically an election year already).

Being the right-wingnuts they are, both the state and federal legislators inclined to do this are also likely to try to overreach and talk about a Federal Constitutional Amendment - which most of the electorate probably isn't likely to see as really solving any problems they care about. You also have all kinds of publicity about the Right passing legislation to take away rights, debate questions on national TV, LGBT military members and first responders talking about how this will take away their rights, etc. etc.

I would half expect the various gay Republican groups to dissolve (or be run out of town on a rail) and the overall publicity for the Repubs would not look good in lots of ways. Flashback to the last time they were in power and ended up treating the country to several days of watching them run around hysterically trying to pass laws to stop a man from making an end of life decision for his comatose wife. Based on past experiences I've been figuring they'll do some sort of massive overreach like that again only to have it blow up in their faces - it's what they do - so this might be it. Or one example - since they might go for several such this time around.

Think about what happened in AZ when they tried to pass the 'I can refuse service because you're gay' law. It didn't go over well for them, in part because it garnered so much attention (the last thing conservatives ever want when trying to pass their agendas is lots of public attention).

There's also the issue of how motivated this would get the Democratic base (certainly the LGBT part of it, plus our allies) going into an election year.

This is an annoying setback, but also not a totally unexpected one. Panicking about it,or sitting around feeling sorry for ourselves is not a useful response. Instead, give serious thought to contributing your time and money to beating the pants off the Republicans in the next election. And vote if you can of course. They hate people exercising their right to vote above all else - just look at how they keep trying to stop it or make it harder.

Todd

 

I suspect the high court will find time to take this up during this secession in emergency status.
For one, because 30 some states, over 50%, now have SS marriage. A major change.
And I believe at least 4 of the justices can and will put this on the fast track.

But first, before going to the US supremes, I would prefer the full 6th circuit court weigh in.
The lawyers can insist the "full" 6th circuit court address this issue.
And I believe there is more of a change the ruling could be reversed.
Thus the need for the US Supremes to get involved would become moot.

We have noting to risk by first insisting the full 6th circuit look at this.
And see what happens.
Conservative justices up and down the line have followed the law and ruled
in favor of marriage equality. Including very conservative republican judges.
So I think the chance is better than 50/50 that the full 6th circuit court would rule
differently, and agree SS marriage bans are unconstitutional.

Lets give it a try, the full 6th circuit court. What's to lose?

 

I took some time last night to read the 22-page dissent by the one judge (of three) who disagreed: 6th Circuit Judge Martha Daughtrey.

Here are some extracts:

and

This is pretty strong language...and deservedly so!

 

I've probably asked this before but I honestly can't remember. If this went to the Supreme Court and they ruled against equal marriage, what's stopping certain state legislatures from bringing in their own versions of Prop 8?