Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

LonePirate

(13,424 posts)
Tue Feb 7, 2012, 05:52 PM Feb 2012

Does Prop 8 decision delay equality for states with anti-equality amendments?

Today's Prop 8 decision is a wonderful victory for marriage equality supporters everywhere. However, for citizens of the dozens of states with anti-equality amendments, doesn't this decision pretty much eliminate hope of a repeal for at least several years given the narrow scope of the ruling? The Supreme Court probably will not expand the scope to find for a constitutional protection for marriage equality even if it does agree to hear the appeal, which itself is far from a guarantee.

That leaves a huge majority of Americans with at least another 3-5 year wait for a new case to work its way to the USSC. Or is there another case already on its way there? I know there are a couple of MA cases challenging DOMA; but are there any cases challenging these discriminatory amendments and ballot measures? For some of us, the USSC is the only hope as my state is at least 15-20 years away from having any chance of repealing its amendment. A broader 9th Circuit decision might have led to a USSC repeal in 2013 or 2014. As of now, I see nothing on the horizon short of moving.

3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Does Prop 8 decision delay equality for states with anti-equality amendments? (Original Post) LonePirate Feb 2012 OP
as I understand it Motown_Johnny Feb 2012 #1
Oregon FreeState Feb 2012 #2
It does provide plenty of justification to mount a challenge in those states... Evasporque Feb 2012 #3
 

Motown_Johnny

(22,308 posts)
1. as I understand it
Tue Feb 7, 2012, 06:00 PM
Feb 2012

this decision is specific to the removal of marriage equality after a state has granted it.


So, no. It will have no effect on any state other than CA at this time. If the Supreme Court upholds this then I believe it will make it impossible for the right to be removed once granted (but I could easily be wrong).

FreeState

(10,572 posts)
2. Oregon
Tue Feb 7, 2012, 06:01 PM
Feb 2012

Several cities had instituted marriage in Or before they banned it - it's likely it may apply in OR as well.

Evasporque

(2,133 posts)
3. It does provide plenty of justification to mount a challenge in those states...
Tue Feb 7, 2012, 06:05 PM
Feb 2012

the wording of the original ruling and the 9ths appeal ruling provide more than enough to challenge any state with a constitutional ban.

I am sure in the coming weeks numerous announcements will come forward in other states and districts....

I think everyone was waiting for the outcome on this before proceeding....the findings of fact presented will not be ignored in other challenges by other judges and legal representation.

Latest Discussions»General Discussion»Does Prop 8 decision dela...