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Whichever way they rule, it's about time they stopped dodging this one. The SCOTUS has been like an ostrich with their head in the sand on this one. Now, no matter which way the ruling goes, at least we'll have an end to lesser federal courts going all different directions on gay marriage.
It's not a "third option". The Court has accepted cases from Michigan, Ohio, Kentucky, and Tennessee and will rule on whether their anti-gay marriage laws are constitutional.
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.
They will WRONGFULLY legalize it...another boot heel in the 10th amendment. I wish I was as optimistic as the 2 that voted they would vote against it but I am a realist.
This isn't a 10th Amendment issue. Assuring Equal Protection of State laws is specifically delegated to the federal government by the Constitution (the 14th Amendment).
This isn't a 10th Amendment issue. Assuring Equal Protection of State laws is specifically delegated to the federal government by the Constitution (the 14th Amendment).
Not going to debate fake marriage with you. Period. It will never be marriage period no matter what corrupt politicians say.
Not going to debate fake marriage with you. Period. It will never be marriage period no matter what corrupt politicians say.
If a government within the United States passes a law, then that law must comply with the Equal Protection requirement of the US Constitution. Whether that law is called "marriage" - or what "real" marriage means to you (or to me) - is utterly irrelevant.
Not going to debate fake marriage with you. Period. It will never be marriage period no matter what corrupt politicians say.
*All* legal marriages in the US are civil unions, and always have been. We know this because it is the government that issues the marriage certificate.
Whether an individual legal marriage should be sanctified by a particular church is up to that church - and always has been.
It will be no different when SSM marriages become legal.
You need a third option, which is that the Supreme Court will rule that it is up to the states to make this determination, which is the Federalist position, and basically the status quo that was in effect before the left began filing suits in the courts of leftist judges with a view towards stacking up favorable rulings without any negative ones.
This third option is the most likely, partisan leftist "experts" opinions on the subject notwithstanding.
Under that ruling, some states will have it, and some states won't.
I think you misunderstand what is going to happen in the US Supreme Court.
The case that will be presented, pro and con, is Obergefell v. Hodges. This case was argued previously before the 6th Circuit Court of Appeals, which covers the states of Kentucky, Michigan, Ohio, and Tennessee. These states do not have legalized same sex marriage and attorney generals are arguing that it should stay that way. In other Circuit Courts of Appeals, such as the 4th, 7th, 9th and the 10th have ruled same sex couples do indeed have a constitutional right to get married.
Your "third option" is exactly what is being argued. The Supreme Court is not going to invalidate the legality of same sex marriages in the other 37 states and DC. It's not all or nothing.
So, to be clear, at present individual states have the option of recognizing or denying gay and lesbian couples legal status.
I think you misunderstand what is going to happen in the US Supreme Court.
The case that will be presented, pro and con, is Obergefell v. Hodges. This case was argued previously before the 6th Circuit Court of Appeals, which covers the states of Kentucky, Michigan, Ohio, and Tennessee. These states do not have legalized same sex marriage and attorney generals are arguing that it should stay that way. In other Circuit Courts of Appeals, such as the 4th, 7th, 9th and the 10th have ruled same sex couples do indeed have a constitutional right to get married.
Your "third option" is exactly what is being argued. The Supreme Court is not going to invalidate the legality of same sex marriages in the other 37 states and DC. It's not all or nothing.
So, to be clear, at present individual states have the option of recognizing or denying gay and lesbian couples legal status.
Actually, I think you and I are in agreement. I am not clear as to where you believe that we differ.
However, depending on what the ruling is, some of those 37 states may have to revisit this, as many of these states did not choose this status, but rather the courts decided it for them. If the Supreme decides that the reasoning behind some of those decisions was not sound, then that may create some uncertainty in some of these states, to say the least.
But I am not aware of an option where the SCOTUS would declare homosexual "marriage" unconstitutional, if a state properly determined to define that as allowed under their law.
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