Skip to comments.SCOTUS: Oral Arguments on Same-sex marriage today [Live Thread] (Audio available by 2:00 ET)
Posted on 03/26/2013 10:05:42 AM PDT by BuckeyeTexan
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We get by with it because it’s legal under the Constitution. If we are ever sued, the SCOTUS will have to decide if states can refuse to recognize same-sex marriages from other states. Right now, they are leaning toward saying “yes” to that question.
There is no protection for states under DOMA. That law was passed to define how the federal government should interpret the word “marriage” in federal laws.
Not so fast on the coward thing.
I think everyone on the court up there, with the exception, maybe, of Kagan, is truly not overjoyed this ended up in their lap.
Standing is a clean, legitimate way out of being arbiters of social policy, which is exactly what SCOTUS IS NOT.
It takes the matter back to Status Quo Ante - let the states decide.
CA can put another initiative up there and decide that now they are for gay marriage.
Roe v. Wade was a gigantic mistake for SCOTUS, and an acceleration of a general slide in SCOTUS credibility and general history of their contribution to our system of government.
No matter HOW THEY RULE, nobody justice is going to come out of this historically clean. Roberts has already compromised himself, at least for the moment, until ‘actual harm’ has been done by Obamacare, on the Obamacare whiff.
The very BEST play is to say that the 9th Circus overstepped, and is reversed based on lack of standing, which is something the 9th is known for anyway.
Let them wear it. Invite more squinting at the Constitution looking for more ‘penumbras and emanations’ from the 14th again?
Standing is a clean way out if they reverse based on that. Let the people decide, since this is social policy, and nothing more.
I listened to a few sound bites on the news tonight. I must say I thought the justices sounded like morons.
Standing may be a clean way out...... Or is it?
Nobody that heard the arguments today believes DOMA will be upheld. Prop 8 will not be upheld. With these two things even win a narrow reading by the supremes California and 8 other states will have same sex marriage with federal benefits.,fast forward to tomorrow. Literally tomorrow. A same sex couple say in Wyoming now has standing with the court because they ar being injured by not having status by there state. This forces the court to rule on the equal protection clause.
In the end the June ruling is the end or the beginning of the end. There is no way gay marriage will not be the law of the land within 2-4 years.
The only defense used in two days was procreation. I did not find that argument compelling because you can not force married couples to have children. The second question I have heard no answer to is how does gay marriage hurt the institution? The question was asked ans the answer was it does not. Without a compelling answer to the last one the fight is over.
To quote Peter Hitchens (not specifically on this topic)” We are living in the afterglow of Christianity.” And an afterglow, as we all know, does not last indefinitely.
Actually, they all seem VERY cautious about overturning 2000 years of world history. It isn’t their job.
As for the impact or effect, the ONLY answer anybody believes that I’ve heard after three days is that:
NOBODY KNOWS what the impact is going to be
Which is the truth. The signs are there that it is going to be a tremendous horror show, and there are pieces out there by Dennis Prager and others that document the history of homosexuality, and characterize this as REGRESSION.
During the time of Rome, it was not uncommon to use homosexual rape to demonstrate dominance over a subjugated people. It was Judeo-Christianity that introduced the idea of monogamy and the nuclear family. Prager writes an outstanding article on this.
None of the maintstream religions think its a good idea, up to and including the Dalai Lama, the ELCA and Episcopalians notwithstanding.
This isn’t lost on these guys. Lots of evidence to indicate all hell will literally break loose if they do this. There is even reticence within the homosexual community.
Don’t confuse a cornered mainstream media, with its dying business model, hammering away at passing this as a way of reasserting its ongoing legitimacy in controlling the culture.
Obamacare was bad enough. This is a lot of change in a little span of time, and if they strike the 9th’s ruling based on STANDING, it leaves the door open to see this again later, AND it puts this back onto the states where it belongs.
The 9th and 10th amendments are the ‘Rodney Dangerfield’s’ of the Constitution, while the 14th is Lady Gaga.
...because pedophiles are keeping relatively quiet for the time being. ........
For the time being, but what rights will parents have when this is being taught to their grade school age children as a “normal” lifestyle. Or religious institutions are being sued for not marry Adam and Steve. Dont believe it wont happen. The contraceptive mandate was pushed regardless of religious beliefs. What would make this any different? Our Country is in deep trouble and I pray it’s not too late to turn this ship around.
Sodomy sexuality is no basis for the accumulation of political power in civil society.