Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: SeekAndFind
It's not one judge; it's the U.S. Supreme Court in Windsor a year ago.

Gay marriage has been over as a legal issue since then, all that we're seeing now is simply the mop-up. Any lawyer who doesn't recognize this is simply a bad lawyer. Any politician who isn't directing his efforts towards a Constitutional Amendment (or giving up), is wasting his time.

Under Windsor, any law prohibiting gay marriage violates the U.S. Constitution unless its defenders can prove that it was not motivated by a belief that homosexuality is bad or homosexual unions are not as good as traditional marriages. As we've seen in a dozen or more cases since Windsor, carrying this burden is a practical impossibility. Gay marriage advocates should get a clean sweep of the federal Courts of Appeals in the next couple of years, so there's really no reason for the U.S. Supreme Court to get involved again. The only possible exception is if there's a state Supreme Court which defies Windsor but there's no pending case in the state's U.S. Court of Appeals circuit which would nullify it within the next U.S. Supreme Court term -- this would effectively oblige the U.S. Supreme Court to rule.
20 posted on 05/11/2014 9:36:46 AM PDT by only1percent
[ Post Reply | Private Reply | To 10 | View Replies ]


To: only1percent

Absolutely right.

And the written will of the people - no matter how strongly expressed - must never be allowed to override the will of 5 age addled political appointees for as long as America exists - right?

Yessirree, thats what our system is all about.

The people be damned. What matters is the usurpations of the ruling clique.


21 posted on 05/11/2014 9:41:33 AM PDT by Regulator
[ Post Reply | Private Reply | To 20 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson