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babylonsister

(171,070 posts)
Mon Mar 25, 2013, 05:32 PM Mar 2013

Will SCOTUS transform the national landscape on gay rights?

http://www.washingtonpost.com/blogs/plum-line/wp/2013/03/25/will-scotus-transform-the-national-landscape-on-gay-rights/


Will SCOTUS transform the national landscape on gay rights?

Posted by Greg Sargent on March 25, 2013 at 2:48 pm

snip//


If the Court does go bold, we could end up witnessing a remarkable and historic moment. As Jeffrey Toobin puts it, such a ruling could answer the following question…

Is there any circumstance in which the state can deny gay people benefits that are granted to straight citizens?

…with a resounding No. Either the Court would get to this point by affirming that laws that discriminate must be subjected to intense scrutiny, and when they are, it reveals them to be unconstitutional. Or, even more sweepingly, it could agree with the case made by the plaintiffs: that marriage is “central for all individuals’ liberty, privacy, spirituality, personal autonomy, sexuality, and dignity,” and therefore is a right protected by the Constitution. Either of these rulings would hasten the transformation of the country into a place where full equality for gay and lesbian Americans is the law of the land, everywhere — a transformation that now looks inevitable.
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Will SCOTUS transform the national landscape on gay rights? (Original Post) babylonsister Mar 2013 OP
If all of the state bans are thrown out, I want video footage of license offices in red states LonePirate Mar 2013 #1
I think it's very unlikely to happen davidpdx Mar 2013 #7
YES! I have faith it's a great week, counting down the days until June. n/t Agschmid Mar 2013 #2
It's hard to believe that a 5-4 republican majority will transform anything. AlinPA Mar 2013 #3
The court will not give a sweeping decision as decribed in the OP. former9thward Mar 2013 #4
Likely. Dawson Leery Mar 2013 #6
I agree, see Post #7 davidpdx Mar 2013 #8
They damn well better... and-justice-for-all Mar 2013 #5
Years ago I predicted it would spark a second civil war Ter Mar 2013 #9

LonePirate

(13,424 posts)
1. If all of the state bans are thrown out, I want video footage of license offices in red states
Mon Mar 25, 2013, 05:52 PM
Mar 2013

I want to see swarms of same sex couples bombarding local government offices requesting marriage licenses from California to New Jersey, from Alaska to Florida and for all points in between. I want to see a nationwide day of celebration.

davidpdx

(22,000 posts)
7. I think it's very unlikely to happen
Tue Mar 26, 2013, 08:20 AM
Mar 2013

Not that I don't want to see it, but I think it's unrealistic given who is on the court right now. I think what will happen is the overturning of Measure 8 will stand and it will be legal in CA (which is a pretty big deal) and I think DOMA will be overturned. After that people in each state are going to have to lobby hard to change the state laws.

I hate to be a debbie downer, but I really think that's the best we can hope for.

former9thward

(32,025 posts)
4. The court will not give a sweeping decision as decribed in the OP.
Mon Mar 25, 2013, 07:48 PM
Mar 2013
Roe v. Wade was criticized on those grounds by none other than Justice Ginsberg just last week. The court is likely to throw out the CA Prop 8 decision for lack of standing (the state is not defending the case). In the DOMA case the court is likely to find the law unconstitutional and send the matter to the states. Each state could decide whether they recognize gay marriage or not.

davidpdx

(22,000 posts)
8. I agree, see Post #7
Tue Mar 26, 2013, 08:24 AM
Mar 2013

It's going to be a state by state thing. The good news is the states where it is legal the matter will be resolved. States like Oregon (owch, unfortunately) need to lobby to repeal the crazy law that was passed 9 years ago. It's the one thing my state has been assbackwards on.

and-justice-for-all

(14,765 posts)
5. They damn well better...
Mon Mar 25, 2013, 07:52 PM
Mar 2013

considering: "Almost six decades ago, the Supreme Court ruled in no uncertain terms that “the doctrine of ‘separate but equal’ has no place” in American law. The ruling solidified the notion that separate is inherently unequal, and that it is also unconstitutional in a country whose 14th Amendment declares unequivocally that “no state shall … deny to any person within its jurisdiction the equal protection of the laws.”

http://www.salon.com/2013/03/25/how_to_stop_anti_gay_bigots/

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