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I previously said YES in this poll, but I'm really more inclined to think NO
now, after reading Justice Kennedy's reasons for being the swing vote in
2013 (5-4) to rule DOMA unconsitutional. That was about the states marriages
to be recognized or not recognized federally. This ruling coming up is an entirely
different matter, legally speaking, because it would take away state rights.
It is intellectually consistent to oppose DOMA but also oppose taking away
states' rights.
Roberts, Scalia, Alito, Kennedy, Thomas: NO.
All 5 are Catholics. Pope Francis is coming.
I think there's some secret Vatican pressure.
Maybe not so secret. The wheels on the bus go round and round.
I have a feeling Kennedy won't let gay marriage be what he's remembered for.
It still belongs to the states and to have a ruling from the Supreme Count may not go so well for our Gay (Sinful) People.
I don't know if anyone pointed out that this poll is not written correctly. SCOTUS is ruling on same gender marriage becoming legal in all 50 states. It is already legal in 37 states plus DC AND at the Federal level (that is 72% of the country, FYI). None of that is being voted on. The vote will deal with the remaining 13 states that have state laws banning it. A no vote will keep things the way they are and a yes vote will make it legal in the 13 states where it is currently not.
They are not changing any definitions. I skimmed that last page and someone accurately pointed out that dictionaries have already changed. Anyway, I'm not voting b/c it is not worded correctly.
Honestly, I don't know. Precedence says they will vote yes. We'll see. I'm not particularly worried.
I previously said YES in this poll, but I'm really more inclined to think NO
now, after reading Justice Kennedy's reasons for being the swing vote in
2013 (5-4) to rule DOMA unconsitutional. That was about the states marriages
to be recognized or not recognized federally. This ruling coming up is an entirely
different matter, legally speaking, because it would take away state rights.
It is intellectually consistent to oppose DOMA but also oppose taking away
states' rights.
Roberts, Scalia, Alito, Kennedy, Thomas: NO.
All 5 are Catholics. Pope Francis is coming.
I think there's some secret Vatican pressure.
Maybe not so secret. The wheels on the bus go round and round.
I have a feeling Kennedy won't let gay marriage be what he's remembered for.
You could be right. Surprisingly enough, while I certainly hope SCOTUS rules that the 14th requires a state to recognize a same-sex marriage legally performed in another state, I think it won't be a disaster if they don't.
Some states that decided to recognize SSM following the Windsor decision will likely wind up fighting it out by referendum, and it's possible they'll go back to banning it.
Note, I certainly hope that SCOTUS doesn't base its decision solely on popularity. If they decide in favor of extending the 14th to include marriage, I want them to do it on principle.
I previously said YES in this poll, but I'm really more inclined to think NO
now, after reading Justice Kennedy's reasons for being the swing vote in
2013 (5-4) to rule DOMA unconsitutional. That was about the states marriages
to be recognized or not recognized federally. This ruling coming up is an entirely
different matter, legally speaking, because it would take away state rights.
It is intellectually consistent to oppose DOMA but also oppose taking away
states' rights.
Roberts, Scalia, Alito, Kennedy, Thomas: NO.
All 5 are Catholics. Pope Francis is coming.
I think there's some secret Vatican pressure.
Maybe not so secret. The wheels on the bus go round and round.
I have a feeling Kennedy won't let gay marriage be what he's remembered for.
Yeah, you are apparently one of the few lefties to examine what the previous ruling was actually a ruling on. As you have probably noticed, the leftist echo chamber has been repeating the baseless notion that the DOMA was overturned by this ruling, when in fact it was a narrow ruling as you explained in your first paragraph.
Of course nothing is certain when it comes to a ruling by a court, but it appears likely that if the ruling comes down as you are now suggesting, which I also believe is the most likely scenario, there are many on the left that are going to be truly surprised.
However, the reason is not because they are Catholics, it is because it is not the place of the courts to be making a decision of this magnitude. Rather, it is the place of the states using the will of the people, as exercised by their duly elected representatives.
If this ruling comes down, what it will NOT do is make homosexual "marriage" illegal. Instead, it will leave it to the states, which will each vote according to the preferences of that jurisdiction. Most likely some will pass laws saying that they support it, but even more will pass laws restricting it.
Not trying to get into a *issing contest. I am just saying.
I previously said YES in this poll, but I'm really more inclined to think NO
now, after reading Justice Kennedy's reasons for being the swing vote in
2013 (5-4) to rule DOMA unconsitutional. That was about the states marriages
to be recognized or not recognized federally. This ruling coming up is an entirely
different matter, legally speaking, because it would take away state rights.
It is intellectually consistent to oppose DOMA but also oppose taking away
states' rights.
Roberts, Scalia, Alito, Kennedy, Thomas: NO.
All 5 are Catholics. Pope Francis is coming.
I think there's some secret Vatican pressure.
Maybe not so secret. The wheels on the bus go round and round.
I have a feeling Kennedy won't let gay marriage be what he's remembered for.
The ruling on DOMA did leave a situation where a couple could live in a state where their marriage is not recognized by that state, but is recognized by the Feds. Many Federal marriage benefits (taxes, immigration for example) are based on state of celebration and not state of residence.
The big question in the event the court rules against gay marriage this time, what will happen to all those states where the local courts over-turned bans, and what will happen to all those same sex couples married in those states?
You could be right. Surprisingly enough, while I certainly hope SCOTUS rules that the 14th requires a state to recognize a same-sex marriage legally performed in another state, I think it won't be a disaster if they don't.
Some states that decided to recognize SSM following the Windsor decision will likely wind up fighting it out by referendum, and it's possible they'll go back to banning it.
Note, I certainly hope that SCOTUS doesn't base its decision solely on popularity. If they decide in favor of extending the 14th to include marriage, I want them to do it on principle.
The supreme court has already ruled on a marriage case using the 14th amendment.
"The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations." Loving v Virginia
Looking at the question before the court " 1) Does the Fourteenth Amendment require a state to license a
marriage between two people of the same sex?
2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?"
Looks like the same question except based on sex not race.
I don't know if anyone pointed out that this poll is not written correctly. SCOTUS is ruling on same gender marriage becoming legal in all 50 states. It is already legal in 37 states plus DC AND at the Federal level (that is 72% of the country, FYI). None of that is being voted on. The vote will deal with the remaining 13 states that have state laws banning it. A no vote will keep things the way they are and a yes vote will make it legal in the 13 states where it is currently not.
Few of the 37 states actually voted to make SSM legal. Even California voted No on the matter.
Judges have forced these states into accepting SSM and their rulings could be overturned.
For me, sexuality is not in the domain of the government... they cannot ban it or be "for" it because it is none of their business and other people... don't stick your nose where it doesn't belong... with that said... I think they will vote to ban the discrimination of gay people (rightfully)... you can believe what you want, but you can't impose that belief on other people... it doesn't matter if most people oppose it... like my tag... being in the majority doesn't make it right...
The supreme court has already ruled on a marriage case using the 14th amendment.
"The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations." Loving v Virginia
Looking at the question before the court " 1) Does the Fourteenth Amendment require a state to license a
marriage between two people of the same sex?
2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?"
Looks like the same question except based on sex not race.
I agree that if they rule that states don't have to recognize legal SSM from other states that they would have to carve out an exception to their own precedent. If any SCOTUS could produce the reasoning that would justify the exception, it's this one.
On balance, I think it is more likely that they will uphold their own precedent than not. But snowball is right, it is a different question than the one they answered in Windsor.
Which kind of brings up the question, how responsive is the court to deep-seated shifts in public attitudes. Loving occurred when the American public as a whole became disgusted with racial prejudice, after centuries of countenancing it...
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