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State Supreme Court votes to decide Proposition 8 issue

Discussion in 'Current Events, World News, & LGBT News' started by Dan82, Feb 16, 2011.

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  1. Dan82

    Dan82
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    http://blogs.sacbee.com/capitolalertlatest/2011/02/state-supreme-court-votes-to-d.html

     
    #1 Dan82, Feb 16, 2011
  2. Chip

    Chip
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    It would be really nice if the state Supremes would decide the dumbass Prop 8 people don't have standing, as that would essentially mean a victory and make marriage legal again without having to go to federal court.

    On the other hand, if the state Supremes vote that the Prop 8 losers do have standing, then it *will* go to the federal Supremes, and that decision would be binding on all states. So if we win there, it's all over and we have the right to marry; if we lose, it could be 50 years before it gets revisited.
     
    #2 Chip, Feb 16, 2011
  3. Beachboi92

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    i believe it would only rule on wether a ballot measure to take away same sex marriage is constitutional tho, or am i confused?
     
    #3 Beachboi92, Feb 16, 2011
  4. Revan

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    Wow amazing that people are posting here despite me posting this same story like hours ago >_>
     
    #4 Revan, Feb 16, 2011
  5. Chip

    Chip
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    Actually, I am not sure.

    I know the attorneys who are pushing the case for the couples that are the primary plaintiffs believe that it can set a national precedent to establish marriage equality and make laws prohibiting same-sex marriage illegal nationwide.

    But the Supremes in recent years have generally been known for making razor-fine distinctions in their decisions that have little broad impact, so it's possible they could rule only on the ballot measure and sidestep the bigger issue.

    And we can always hope that one of the right wing crazies on the Supremes will die or otherwise leave the court in the next year or two so that Obama can appoint somebody competent to take their place.
     
    #5 Chip, Feb 16, 2011
  6. Emberstone

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    well, justice kennedy has proven to be the swing vote, though he tends to be conservative. the good news is that he has swung in favor of LGBT people.

    In the end, ballot measures to take away/deny equality for LGBT citizens being declared unconstitutional is a precedence for it being done in other states.
     
    #6 Emberstone, Feb 17, 2011
  7. mnguy

    mnguy
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    As I understand it, the 9th circuit asked the CASC to give their opinion whether PM.com has standing to defend this case in federal court. I think the 9th court can still decide for themselves on the standing issue, but I assume they would go with what the CASC decides. This question to the CASC is only about the standing question, not the merits of the Prop8 case itself.

    I'm am so sick of how slowly this is going. I get the feeling it is being held back to let public opinion catch up or in hopes that a conservative justice on the US Supreme Court might retire and be replaced with a moderate/liberal justice. I dunno just a theory, but regardless I'm so sick of this case going on and on and appeal after appeal and bullshit.
     
    #7 mnguy, Feb 17, 2011
  8. Fintan

    Fintan
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    Decide already! No wonder the courts are so backed up.
     
    #8 Fintan, Feb 17, 2011
  9. Emberstone

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    no matter what, if they get standing or not, this in some form will go to the federal supreme court. if they get standing, they will appeal when they loose again at the higher level (I highly doubt they would be able to find arguements since they had none in the first place), if they loose standing, they will go to the supreme court of the united states of america.
     
    #9 Emberstone, Feb 17, 2011
  10. Chip

    Chip
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    I could be wrong, but my impression is that if they don't have standing to defend the case, the case ends right there (and gay marriage is legal), because there won't be any jurisdiction to appeal to the federal Supremes. I thought I'd read that the only way it can go to the federal Supremes is on the federal constitutional issue of whether one can legally prohibit gay people from marrying, not on the state issue of whether they have standing to defend a state initiative.

    And of course, it's possible that the federal Supremes will decline to hear the case at all, in which case the lower court's ruling would stand.
     
    #10 Chip, Feb 17, 2011
  11. Emberstone

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    well, they can appeal to the supreme court to try to get appeal granted if the california supreme court doesnt grant them the status to appeal.
     
    #11 Emberstone, Feb 17, 2011
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