General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSo 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
hlthe2b
(102,419 posts)So not direct impact.
Mz Pip
(27,454 posts)is that it is a very narrow ruling ionly applying to CA.
GodlessBiker
(6,314 posts)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.
TheWraith
(24,331 posts)Motown_Johnny
(22,308 posts)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.
bowens43
(16,064 posts)Evasporque
(2,133 posts)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)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