A guy on Faux News just said the gay right ruling might go to SCOTUS!!!

[La_Serpiente]

However, I think he had some serious wishful thinking. Most of the ruling mainly dealt with state laws, not federal laws. Will it go to SCOTUS? I SERIOUSLY doubt it.

[hlthe2b]

1. That was a state supreme court ruling on MA state law...

I would think it would be a stretch to find a way to send it to SCOTUS... Any constitutional lawyers out there?

[jhfenton]

2. I haven't read the entire opinion, but since it's based on the MA state

constitution, I don't see any basis for review by the SCOTUS.

[Shrek]

3. I suppose it's possible

If a married couple from Massachusetts moved to another state, and that state refused to recognize the marriage, then it's probably a violation of Article 4 Section 1 of the federal constitution. The SCOTUS could hear the case on that basis, IMHO (but I'm certainly no legal expert).

[Dookus]

4. This will end up in the Supreme Court

when one state refuses to recognize unions performed in other states. Then it becomes a Full Faith and Credit clause issue.

I don't believe the USSC has any jurisdiction over this particular decision by Massachusetts.

[mmonk]

6. You are correct I believe

[Qutzupalotl]

8. Agreed, but

they didn't have any business in Florida, either.

:mad:

[Dookus]

9. well...

As far as I remember, they FOUND a reason in the 14th Amendment's equal protection clause. I agree it was a stretch.

However, the Massachusetts case, as far I understand it, is based entirely on the state constitution and I know of no claim that a federal right is being stepped on.

[mmonk]

11. You are again

correct I believe. What we will see now is republican attempts at a constitutional ammendment on marriage (if for nothing else, for negative politics).

[Kathy in Cambridge]

5. I wish the Repukes would keep their nose out of Mass. business

they are probably going to send their armies of gay-bashers up to Boston to start protesting. They will make a huge issue out of Kerry being from here.

[Silverhair]

7. He was probably refering to the next step. Getting the SCOTUS

to strike down the DOMAs that 37 states have and force other states to recgonize a MA gay marriage.

[snippy]

10. The US Supreme Court is not supposed to have any jurisdiction

over matters of state law but you never know what judidical activists like Justice Scalia will do. He found the power to review Florida state election law in the shadow of a penumbra of a provision of the US Constitution.

The Full Faith and Credit clause of the Constitution would require all other states to recognize a "marriage" performed in Massachusetts but a "civil union" would be recognized in another state only to the same extent that the other state recognized "civil unions."