LGBT

William769

(55,147 posts) Tue Feb 7, 2012, 01:13 AM Feb 2012

Gay marriage ruling Tuesday likely a step toward U.S. Supreme Court

A federal appeals court on Tuesday will hand down its long-awaited ruling on the legality of Proposition 8, California's voter-approved ban on same-sex marriage.

It is likely to be a crucial step toward pushing the gay marriage issue to the U.S. Supreme Court.

The 9th U.S. Circuit Court of Appeals will decide whether to agree with former San Francisco Chief U.S. District Judge Vaughn Walker, who declared the law unconstitutional in 2010. The court also will consider a move by Proposition 8 backers to set aside Walker's ruling because he did not disclose he was in a long-term same-sex relationship while handling the case.

Here are some of the basic questions surrounding Tuesday's outcome:

http://www.mercurynews.com/samesexmarriage/ci_19905426?source=rss

At the time the ruling is released (1:00PM Eastern Time) I have a friggin Doctor's appointment

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Gay marriage ruling Tuesday likely a step toward U.S. Supreme Court (Original Post) William769 Feb 2012 OP

I don't think we can assume SCOTUS will hear the case.... Evasporque Feb 2012 #1

Evasporque

(2,133 posts)

1. I don't think we can assume SCOTUS will hear the case....

Reply to William769 (Original post)

Tue Feb 7, 2012, 10:16 AM

Feb 2012

Why?

There is not another federal challenge in other districts for comparison.

I suspect the first one will go for allowing gay marriage. Defenders of Prop 8 will petition the court to hear the case. SCOTUS will deny on the basis that all facts of law were discovered and the lower courts ruled accordingly. Prop 8 defenders do not have a compelling argument.

If another challenge in another state and district is at odds with this ruling....then SCOTUS will decide. However precedent will be set....and that will be difficult for a Federal Judge to ignore.

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