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  1. #1
    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Default Gay Marriage and SCOTUS: Hi ho and here we go

    http://news.yahoo.com/blogs/ticket/s...201555862.html

    The Supreme Court announced on Friday that it will decide two major gay marriage cases next year that could have a sweeping effect on the rights of same-sex couples to wed. The cases, which likely won't be decided until June, mark the first time the justices will consider arguments for and against same-sex marriage.

    The court will review California's gay marriage ban, which passed in a 2008 ballot initiative months after California's high court had legalized same-sex unions and thousands of gay Californians had already tied the knot. Two federal courts have struck down Proposition 8 as discriminatory, leaving the Supreme Court to render a final judgment.

    The justices will also hear a challenge to the federal Defense of Marriage Act, a law passed under President Bill Clinton that prevents the federal government from recognizing gay marriages. Windsor v. United States was brought by Edith Windsor, a resident of New York who paid $363,000 in estate taxes after her wife died because the federal government did not recognize their marriage. New York is one of nine states (and the District of Columbia) where gay marriage is legal, so Windsor argues that the federal government is discriminating against her by not recognizing her state-sanctioned marriage.

    The Obama administration decided last year to no longer defend DOMA, so Congress has hired outside counsel to argue on behalf of the law. Recently, two federal appeals courts had struck down the law as unconstitutional, virtually requiring the Supreme Court to take the case to settle the dispute between the courts and Congress.
    They picked the basic cases that they were expected to pick, out of the range of possibilities, kind of like they just want to examine, make a decision, then move on without much more fuss.

    I expect them to avoid making decisions that would have broad effects, as much as they can manage it.
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  2. #2
    Senior Member lowtech redneck's Avatar
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    [QUOTE=Jennifer;2005624I expect them to avoid making decisions that would have broad effects, as much as they can manage it.[/QUOTE]

    I don't know, the safest route to that effect would have been simply to avoid taking on any of the cases and leave it to the lower courts. It takes four Justices to decide to take a case, and five to win, so there are lots of interesting possibilities regarding the internal politics of their decision to take these cases.

    My hunch is that Kennedy will be a tie-breaker, either way.

  3. #3
    Senior Member captain curmudgeon's Avatar
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    It's certainly going to be interesting.
    Jarlaxle: fact checking this thread makes me want to go all INFP on my wrists

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    Senior Member Winds of Thor's Avatar
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    At first it looked like the title of this was "Gay Marriage and Scrotus.."
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  5. #5
    Freaking Ratchet Rail Tracer's Avatar
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    Quote Originally Posted by Jennifer View Post
    http://news.yahoo.com/blogs/ticket/s...201555862.html



    They picked the basic cases that they were expected to pick, out of the range of possibilities, kind of like they just want to examine, make a decision, then move on without much more fuss.

    I expect them to avoid making decisions that would have broad effects, as much as they can manage it.
    I believe they took the narrow version that the California Supreme Court ruled in correct? In that case, the Supreme Court of the U.S. will most likely rule in a similar fashion, in that it only applies to only California.

    Time will tell, because SCOTUS rarely make a narrow ruling from the lower courts broader than it should be.

  6. #6
    Blah Orangey's Avatar
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    I'm a little worried about what's going to happen, and I'm not sure it was such a good idea to tie in the Windsor case with the Prop 8 one. It seems too precipitous. Too broad.
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