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Author Topic: 9th Circus and Prop 8  (Read 3261 times)

sailor

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Re: 9th Circus and Prop 8
« Reply #30 on: February 10, 2012, 01:15:11 pm »
Quote from: Altair;42216

Yes, the laws of other "everything but the word marriage" states would be affected by SCOTUS upholding Reinhardt's ruling--but not the laws of all 44. And if SCOTUS wants to limit the effect to CA, they can just refust to take the case.

 
Timing is definitely the issue. Loving was decided with only a few states still having a ban on inter-racial marriage; Lawrence when sodomy laws were rarely enforced in the states that still had them.

Even Brown vs Board of Education was done when de jure segregation was on the run.

Denying cert would strike down Prop 8 in CA, and permit similar challenges in 7 other states. Given the amount of time involved  in such tactics, the general political change might overtake the court in favor of either same-sex marriages or a political compromise of the word "marriage" ala what MA proposed with everything being a civil union if it's legal and marriages being religious only and not legally binding.

sailor

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Re: 9th Circus and Prop 8
« Reply #31 on: February 10, 2012, 01:19:57 pm »
Quote from: Altair;42218


Two points on that.

First: If a Republican wins the White House and gets a chance to pack the court with conservatives, then no, waiting a few years will make overturning Prop 8 harder, not easier.

Second: It's easy to say "Wait a few years," but people's lives are at stake. Many have waited decades to be able to marry, and as they succumb to old age, they're running out of time. Some have already died.

I think Reinhardt's decision has really maximized our chances.

 
Although a plurality of Republicans, per the Volokh post, support civil unions.  

What would happen if DOMA was repealed / struck down and current form civil unions were granted the same legal basis as marriage?

Altair

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Re: 9th Circus and Prop 8
« Reply #32 on: February 12, 2012, 08:00:39 am »
Quote from: sailor;42220
What would happen if DOMA was repealed / struck down and current form civil unions were granted the same legal basis as marriage?


I'm not sure what you're asking: "What would happen with Supreme Court rulings"? "What would happen in states with civil unions"? "What would be the reaction of the lesbian/gay/bisexual community"?
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sailor

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Re: 9th Circus and Prop 8
« Reply #33 on: February 12, 2012, 10:24:21 am »
Quote from: Altair;42399
I'm not sure what you're asking: "What would happen with Supreme Court rulings"? "What would happen in states with civil unions"? "What would be the reaction of the lesbian/gay/bisexual community"?

 
What would happen politically - both the reaction of LGB community, the reaction of both major parties and the reaction of most of the activists in terms of dedication.

And the courts. Would they be as willing to fight a plurality of American opinion over a word when both state and federal benefits are the same for married straights and civil union gays?

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