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If that was actually what they are ruling on, and they were to rule that these traditional marriage laws are constitutional, then that would not automatically make the laws in states that are pro-homosexual "marriage" unconstitutional. Which is the only alternative that the poll in the OP provides other than that homosexual "marriage" will be legal everywhere.
This court tends to restrict itself to narrow rulings. It does not appear to like sweeping changes of human culture established over several millennia with the stroke of a judicial pen. I know that all of the left's favorite talking heads have been telling them for several years now that this is in the bag. But it is just not the way that this court operates.
There needs to be a third option in the poll for leaving it to each state to decide.
The states did not have the right to decide the fate of interracial marriage, so why should they be allowed to decide the legality of same sex marriage? Marriage is a right and no right for anyone should be up to a majority vote.
What if the Supreme Court rules that "marriage" laws are valid but mandate that civil unions must be provided by all states? Wouldn't that meet the requirement for Equal Protection?
Honestly, I don't know that there is any difference, but that would make sense to me. If a gay couple gets a civil union and wants to call it a marriage, they can. In all legal matters, it is. But if state laws want to preserve the word "marriage" then I could see the SCOTUS allowing it as long as states satisfy Equal Protection via civil unions.
The federal government will only recognize one form of marriage and that is civil marriage which is of itself a civil union. Besides almost all states that banned same sex marriage also banned civil unions and domestic partnerships.
They will kick it back to the states to decide. So the answer to the poll is not on there... The answer is neither.
There are only two possible answers:
1) Gay marriage bans violate the 14th Amendment, thereby legalizing gay marriage nationwide.
2) Gay marriage bans do not violate the 14th Amendment, thereby leaving the issue to individual states.
If they wanted to leave it to the states they would have ruled so in Hollingsworth v. Perry.
You presume a great deal.
The Scotus ruled that the plantiffs did not have standing to challenge the court ruling and refused to rule on the case any further. To assume that they would have addressed the question of the 14th amendment justification of the lower court on a case that was not fit to be heard is wishful thinking on your part.
They have not ruled on this question yet. Perhaps this time around they will.
The states did not have the right to decide the fate of interracial marriage, so why should they be allowed to decide the legality of same sex marriage? Marriage is a right and no right for anyone should be up to a majority vote.
Because they are not the same thing. And Marriage is not a "right". If it were, you would not need to procure a license to get one.
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