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BR_Parkway

(8,666 posts)
Tue Feb 7, 2012, 03:59 PM Feb 2012

So does Prop 8 ruling prevent WA from holding

A ballot initiative to undo forthcoming legislation to legalize same sex weddings?

It seems to which would add
More people that would be negatively affected if SCOTUS refuses to uphold the ruling

8 replies = new reply since forum marked as read
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hlthe2b

(102,283 posts)
1. The ruling is narrow and specific to California's law only... That's why SCOTUS may not take it.
Tue Feb 7, 2012, 04:05 PM
Feb 2012

So not direct impact.

GodlessBiker

(6,314 posts)
4. I read that and find it disingenuous. Both CA and WA are in the 9th Circuit. May people in WA do...
Tue Feb 7, 2012, 04:14 PM
Feb 2012

what those in CA are forbidden to do? Doesn't the rationale which upholds the District Court's decision, that a referendum taking away marriage equality rights serves no useful purpose, also apply to any referendum that may take place in WA?

I think the 9th Circuit is trying to limit it to CA so that SCOTUS passes it by, but it's a long shot.

 

Motown_Johnny

(22,308 posts)
6. that was my understanding
Tue Feb 7, 2012, 04:28 PM
Feb 2012

I think what they are trying to say is that once you give someone that right you can't take it away again.

Right now only CA is effected because that is the only state where marriage equality has been removed.

If the Supreme Court upholds this ruling then it would be reasonable to assume that no state will be allowed to remove that right (or others) once granted.

Evasporque

(2,133 posts)
7. WHy SCOTUS won't hear...
Tue Feb 7, 2012, 04:39 PM
Feb 2012

1. Four justices are required to vote for case to be heard.
2. I doubt the four uber conservatives will want to. Knowing that the other five will not (Assuming Kennedy won't)
3. The best outcome for conservative on the courts historical representation is to not take this up and be a dissenter. History would paint them poorly (not that it won't already) I think they are vain enough to not want that hanging on their head.
4. Was clear in 9th ruling they did not address the constitutionality of enacting a ban when no same sex marriage existed.

Only 1% of cases requested are heard before the court.

What this ruling does:

1. Opens the door for numerous other challenges at the federal level in each state where a ban is in place.
2. Provides findings of fact that shoot holes in all arguments for same sex marriage bans.

When some Federal judge will rule for a ban...and so does the Appeals court...that is when they will hear the case.

Same Sex marriage bans are on the way out...conservatives are mean and callous enough to fight to the bitter end...if that means decades of litigation in all the states and districts so be it. They will never stop...

BR_Parkway

(8,666 posts)
8. Once WA House votes and Gov signs it - there
Tue Feb 7, 2012, 05:25 PM
Feb 2012

Will be a right to marry recognized - a ballot initiative would strip that

Same situation as CA and Prop 8 except legislative in WA vs court in CA

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