Posted on 03/26/2013 10:05:42 AM PDT by BuckeyeTexan
Today the Supreme Court heard oral arguments for about 80 minutes in Hollingsworth v. Perry, which is the lawsuit regarding California's Proposition 8. Two gay couples brought suit on the grounds that the Equal Protection clause of the 14th Amendment prohibits the State of California from defining marriage as the union of a man and a woman.
Since the State of California refuses to defend Proposition 8, opponents of gay marriage sought to enforce it in Hollingsworth v. Perry. Generally, citizens do not have legal standing to enforce laws with which they agree. Several justices expressed doubt that gay marriage opponents have standing in this case.
"I don't think we've ever allowed anything like that," said Chief Justice John Roberts.
"I just wonder if this case was properly granted," said Justice Anthony M. Kennedy
"Why is taking a case now the answer?" asked Justice Sonia Sotomayor.
Addressing the merits of the case, Justice Anthony Kennedy focused on the "imminent injury" to children in California.
"Theres some 40,000 children in California that live with same-sex parents. They want their parents to have full recognition and full status. The voice of those children is important."
Justices Alito and Kennedy raised the possibility that the court is moving too fast to address whether or not same-sex couples should be allowed to marry.
"We have five years of information to pose against 2,000 years of history or more," said Justice Anthony Kennedy.
"You want us to step in and assess the effects of this institution, which is newer than cellphones and/or the Internet?" asked Justice Samuel A. Alito.
On the subject of how same-sex marriage harms traditional marriage, Justice Elena Kagan asked, "How does this cause and effect work?"
On the subject of procreation being the state's key interest in the insitution of marriage, Justice Stephen G. Breyer said, "There are lots of people who get married who cant have children."
When, in the course of human events...
The definition of when life begins has been imposed upon the states by the federal government? The definition that was enshrined and locked into stone by SCOTUS... YA that one...
That is one reason that i think the court will not turn gay marriage into a Roe v Wade thing.
Anyone with a brain knows life begins at conception. Roe should be overturned. I do not think that the court will give another bogus Roe decision. They are going to punt it.
If they punt back to the states they should overrule the judge that overruled the will of the people in California. It would be a terrible injustice to let that fag bastard judge win and the will of the people ignored because he wanted to “marry” his boyfriend. The people of California said no to the queers and that’s how it should remain.
Not following your comment on if DOMA is struck down that opens it up to states voting on SSM.
Haven’t they already been voting on it, whether or not it should be legal in their states? Even while DOMA is in place?
I wasn’t confused about that before, because I understood DOMA to define marriage for federal purposes only, and not to weigh in one way or the other on what states do.
Why?!
...because pedophiles are keeping relatively quiet for the time being. Give them time and this percent of the population will whine just as loud as the homosexuals. They are waiting on the ‘gay rights’ movement to reach full charge.
Then we will have legalized child rape...and the US will be an officially nukable craphole.
:)
But is it really? When new York can decide to marry 2 gays and Texas is forced to accept it by the full faith and credit clause.
Texas does not recognize same-sex marriage. We recently refused to divorce such a couple. So we’re not forced to accept same-sex NY marriage.
A couple of years ago, Louisiana refused and was forced by the courts to alter their vital records (birth) to put the names of a same-sex couple on the birth certificate of a child adopted by that couple in the State of New York. LA should have appealed all the way to the SCOTUS. (I don’t know what the status is now of that lawsuit.) Such a case would have standing and would clearly delineate a state’s right not to recognize same-sex marriages from other states. If NY wants to allow same-sex marriage and adoption by such couples, then NY should have to issue a new birth certificate for that child.
But how does Texas get by with it in view of the full faith and credit clause? Is it simply DOMA that protects them?
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.
Why?!
...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.
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