Supreme Court Takes Up Same-Sex Marriage

i know i was just about to post it but you beat me to it!!!!!!!!!!!!!!!!! but yay anyway!
SCOTUSblog (it's the breaking news at the top of the page!)

 

History in the making!!!!

Now lets hope they make the right decisions!!! xD

 

If this doesn't fall in the correct fashion, I'm moving to another country. I don't even know if I'll marry a man or not, but I'm sick of this debate, because it shouldn't be a debate. Love should not be debatable.

 

When is the next Supreme Court judge nomination? And if doma gets upheld does that mean that it can never be repealed? God this is so stressful to think about...:tears:

 

Unless one of the judges dies, I don't think there will be a new judge before the decision. I think it would be strange for them to retire in the middle of a term. Also, if they were planning on retiring I would guess there is some time period in which they must announce it.

Also, I don't know exactly how it works, but in APUSH we learned about a few cases in which there was one decision, and then 20 years later they reversed it, although, that's 20 years...

I feel like we keep getting into these situations where it's "We NEED this for marriage equality." We just got through the elections, and now we have this.

Also, not to be a downer, but I thought I read that it would have been better if they didn't hear Prop. 8 because that would mean it's legal in CA. I guess this gives them the chance to apply it to a wider range of states though.

AHHH... Don't want to wait till June.

 

Even if the SCOTUS upholds it, DOMA can still be repealed by Congress. If they rule against same-sex marriage we can still enshrine it into law or even the Constitution.

 

I have a feeling they're going to rule against it.

 

If the Supreme Court rules in favor of DOMA, will states that currently have marriage equality be forced to lose it?

 

Ruth Bader Ginsberg is rumored to be retiring after the inauguration, in which case Obama would be able to nominate anew liberal justice. It is my predicition that DOMA will be declared unconstitutional due to the 14th amendment. That does not mean that marriage will be legalized, however. It is still up to congress and the president to create and uphold federal legislation.

Also, if they decide to uphold DOMA as constitutionally sound, they still have no way of enforcing the ruling since congress and the president will have to exercise their powers in order to force states to comply.

 

No. DOMA simply requires that no state can be required to recognize a same-sex marriage performed in another state and that the federal government never recognize them.

 

Wow this is so exciting! Maybe i'm being optimistic here, but I think they're going to do the moral thing and rule against DOMA. I mean, think about it, there has been enormous pressure on the country to adopt same-sex marriage. Its happening.

 

Its a great start... Keep positive people!! I'm not the only one who wants to get married someday.

 

I am not overly excited. There is something nagging me in my brain that says "this court wants to hear the DOMA challenge so it can kill the judicial strategy."

 

I'm not very optimistic. I don't think we'll have the right to marriage anytime soon. Maybe not even in this lifetime...

 

I'm afraid that the court won't rule in our favor. As a native Californian that experienced Prop 8's initial passing, I'm wary of being optimistic about these things. I really want same-sex marriage to be legal in California (again). I'd hate to think of all the suicides that would result if Prop 8 was upheld. Plus the homophobic people who would feel that their oppression is further justified by Prop 8...

This is some serious stuff.

 

I can only hope people wouldn't kill themselves over this. But yes, it would be a crushing move that would have the tendency to really hurt the feelings of a lot of already beleaguered queers out there.

 

This is a good development. The worst ruling they would plausibly make would be to keep things at the status quo, so that means that after the ruling, things will be better than or equal to the situation before. Things can only get better.