Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
But the high court is aware of public opinion. After all, there's a reason that decades before Brown v. Education, in which the notion of 'separate but equal' was rejected, we had Plessy v. Ferguson, which endorsed the notion. I can see the possibility of a five-Justice majority (Breyer, Ginsburg, Sotomayor, Kagan, Kennedy) striking down all laws prohibiting same-sex marriage. However, if they simply uphold the Ninth Circuit's decision, that will not happen -- that decision only applies to the unique situation in California.
I think it more likely that two to four Justice stake out a position in favor of striking down all such laws, but that another one to five Justice agree to uphold the Ninth Circuit's decision but stop somewhere short of establishing marriage equality nationwide. It may well be a complicated decision, with multiple concurring-in-part/dissenting-in-part opinions. In this case, the controlling majority may simply ignore the issue of the constitutionality of law barring same-sex marriage in general in order to not stake out a position on the subject, and make it politically easy for the high court to revisit the issue in the next few years, by which point public opinion will have continued to shift in favor of allowing it, and numerous additional states will have enacted laws allowing it.
It would be nice to see it fall this time, but I just don't think Justice Kennedy is likely to go that far at this point, especially when the Ninth Circuit walked back the District Court decision a bit, thus giving the court a very convenient compromise 'out' (ie, kicking the can a few years down the road).
But, we'll see. It will be a very interesting summer day when the decision is released.
This is some very astute speculation, Nicholas--I myself wasn't really considering the very real possibility of one case (DOMA) being upheld and the other (Prop 8) being overturned.
Nonetheless, temporarily extending the legitimacy of DOMA wouldn't be the most horrible thing I can conceive of. If, at the very least, Prop 8 is overturned by the SCOTUS, then there continues to be hope for equality achievement via direct democracy and/or majority vote in the state legislatures with possibly weaker legal challenges from SIG opponents.
This is some very astute speculation, Nicholas--I myself wasn't really considering the very real possibility of one case (DOMA) being upheld and the other (Prop 8) being overturned.
Nonetheless, temporarily extending the legitimacy of DOMA wouldn't be the most horrible thing I can conceive of. If, at the very least, Prop 8 is overturned by the SCOTUS, then there continues to be hope for equality achievement via direct democracy and/or majority vote in the state legislatures with possibly weaker legal challenges from SIG opponents.
My apologies -- I was only speaking of Prop 8, and not thinking about DOMA at all. I do think Section 3 of DOMA will be struck down. In fact, Section 3 is so absurdly unconstitutional that I think there are at least six votes and quite possibly more to overturn the law.
If this happens, then of course the federal government will recognize all same-sex marriages that states permit.
Thank you to everyone civil discussion who has posted in this thread on both side of the topic.
A forum works when an honest civil dialogue takes place. I say this as my opinion and not the name under my name.
God's law also condemns adultery, but (we) Christians managed to live with that sin, or even condone it, for long enough.
A real Christian can't condone any form of sin. If your church condones adultery or homosexuality or any other sin, it's a heretical church and you should consider finding another fellowship that teaches God's pure truth.
Well let's just hope that the United States will be number 13 now that Britain was number 12. Let those thirteen stripes on our flag also symbolize that we were the 13th nation to legalize gay marriages.
Let's pray not. God's judgment will come on us if we continue to embrace sin and ignore His Word.
A real Christian can't condone any form of sin. If your church condones adultery or homosexuality or any other sin, it's a heretical church and you should consider finding another fellowship that teaches God's pure truth.
Yes. Only you are a "true Christian."
Not one of you have been able to reconcile the following:
The ONLY unforgiveable "sin" in Christianity is rejection of Jesus as Lord and Savior.
Yet Christians readily fight for and agree that people in this country can CHOOSE to be non-religious, or any other religion they want that doesn't accept Jesus.
So what is it, conservative Christians? How can you condone the sin of religious freedom - logically the only unforgiveable sin because someone who doesn't believe in Jesus can't be saved according to exclusionary Christianity ---- yet nitpick on everything else and allow everything else to be legal .... from divorce to fornication, homosexuality and breaking all sorts of other commandments?
Is it because if you were to let your true feelings known mainstream America know your agenda they'd marginalize you even further?
It will be a long, pointless fight. American conservatives are far more content to align themselves culturally with the backwards civilizations of the 3rd world.
They delay the inevitable, and they don't care how many people and families they hurt in the process.
Its not about being Third world! Its about following bible and the word of God. I'm tired of liberals being the most ignorant people you earth. People like you are the most truly biased people. Liberals say they respect every religion then respect religious beliefs against gay marriage and stop pushing the liberal agenda that is ruining our country.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
