LGBT News The Supreme Court Can Save Republicans From Gay-Marriage Mess

Mogget · Mar 22, 2013

Interesting editorial arguing that a pro-marriage equality ruling from the SCOTUS would be a major benefit to the GOP.

Think about what will happen if the Supreme Court does not find a constitutional right to gay marriage. Popular support for gay marriage will continue to rise. A Washington Post / ABC poll out today has support at 58 percent, up from 37 percent in 2004. The trend toward support is accelerating, and support will probably reach two-thirds within this decade. But 30 states have constitutional provisions banning same-sex marriage; repealing these will take time and public effort, and they will persist long after they are unpopular.

[...]

In time, the share of states with laws against gay marriage will be small enough that they will face effective consumer boycotts, and corporations will yield to political pressure to shift business away from anti-gay states. It will be like if Loving v. Virginia had never happened, and Mississippi still had a law against interracial marriage in 1990.
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Tim · Mar 22, 2013

Emberstone said: ↑

I still think, that in terms of the prop 8 case, they will tailor it to california, but that still will set constitutional precedence that helps court cases overturn voter intiated bans in other states.
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This is what interests me the most.

Does the Supreme Court - if they find it unconstitutional to ban it - make a wide ruling to abolish all of the similar laws in the US to prevent more cases like this from going to them, or do they simply restrict it to California? The same goes for DOMA.

Emberstone · Mar 22, 2013

I think on the question of it being done on the federal level, or simply in responce to prop 8 on the state level, it comes down to Kennedy. the four other conservative justices will be a hard sell anyways, but they would want to keep it on a state level to minimize its immediate impact. Kennedy, however, was crucial to overturning on the federal stage all state's anti-sodomy laws, so he might side with the liberal justices, if they decided to outlaw all anti-gay marriage laws.

the compelling constitutional arguement exists to outlaw such bans, and there is no constitutional arguement for keeping them.

LGBT News The Supreme Court Can Save Republicans From Gay-Marriage Mess

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