General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHere is my considered ...
but not well researched, opinion on the outcome of the twin Gay Rights cases before the SCOTUS. (Please point out, but forgive gaps in logic ... I'm coming off a 14 hour day where I've heard snippets of the arguments before the Court)
I am optimistic about DOMA being struck down AND marriage equality being the law of the land.
1) DOMA will be struck down on Federalism grounds. The States have been entrusted with defining marriage ... DOMA changes that dynamic.
2) Prop. 8 will also be found unconstitutional. This is a clear matter covered in the Bill of Rights, the 14th Amendment and the Brown Separate but Equal) decision.
3) The SCOTUS must unify the individual states' laws by extending marriage equality across all the states so as to be faithful to Article IV, § 2, Clause 2 of the U.S. Constitution (also known as the Privileges and Immunities Clause).
But this would only apply if the SCOTUS cared about consistency.
Tx4obama
(36,974 posts)OffWithTheirHeads
(10,337 posts)1StrongBlackMan
(31,849 posts)the kill Prop. 8 on standing, they still have to (should have to) unify the jurisdictions, i.e., set a frame-work that all the fed treats all the states the same ... thus, they'll have to announce marriage equality in all states, since the Cali Supremes ruled Pro 8 unconstitutional.