Supreme Court has take 2 Gay Marriage Cases

[TotallyOz]

On Friday, the SCOTUS has agree to take on 2 different cases with IMHO will be one of the most significant decisions in our lifetime. One will deal with Prop 8 from Cali and one will deal with the Defense of Marriage Act.

Do you feel that these decisions will be decided the way they should be decided?

http://www.sfgate.com/opinion/article/A-longer-walk-down-the-aisle-4100565.php

http://www.nytimes.com/2012/12/08/us/supreme-court-agrees-to-hear-two-cases-on-gay-marriage.html?hp

http://www.bbc.co.uk/news/world-us-canada-20649353

[Guest EXPAT]

Towleroad has an analysis of the Supreme Court news.

[MsGuy]

Thanks for the link, EXPAT.

Frankly I can not see a majority of the Court imposing marriage equality on the red states.

Ruling DOMA unconsitutional as it affects rights flowing from valid state santioned marriages is an entirely different matter. There it's difficult to construct a reasoned way to say it's anything but discrimination motivated by malice.

Not that that will slow down Scalia.

[TampaYankee]

DOMA will be overturned and the PROP 8 overturn will be upheld on narrow grounds that apply to CA only. The Court will await more states accepting gay marriage before cramming it down the red state throats -- maybe another decade, maybe less.

The march forward is inevitable unless the GOP wins the next Presidential race and most of the liberal wing of the court strokes out in that term.

[MsGuy]

The march forward is inevitable unless the GOP wins the next Presidential race and most of the liberal wing of the court strokes out in that term.

We are winning because we are winning the battle in the popular culture. The Supremes can ease the way or they can throw up obstacles but they can't very well rule that gay marriage is unconstitutional, lol, so in the end we will win, with 'em or w/o 'em.

[caeron]

DOMA will be overturned and the PROP 8 overturn will be upheld on narrow grounds that apply to CA only. The Court will await more states accepting gay marriage before cramming it down the red state throats -- maybe another decade, maybe less.

The march forward is inevitable unless the GOP wins the next Presidential race and most of the liberal wing of the court strokes out in that term.

I tend to agree with this. I think DOMA can't stand, the rational argument that this is the federal government trampling states rights to decide these questions is how I think this will break.

I think they'll try to find a way to punt on Prop 8. As the analysis article above cited, I wouldn't be surprised if they decided that the plaintiff didn't have standing, and so the original ruling in california stands and there is no need for a broader review.

But, hard to know in the end. I have a hard time thinking a court that threw out sodomy laws is going to go against us on these questions. I just think they'll be thinking about Roe v. Wade and that the court moved too quickly there and try to find some middle ground to let public opinion continue to shift before making a more definitive ruling in the years to come.