petermarcus: (Default)
[personal profile] petermarcus
California Prop 8 overturned in California Supreme Court:

Probably headed to the US Supreme Court, but I'm not sure the Fed court would rule about a State's decision of what belongs in their own constitution. Seems like a 10th Amendment thing to my amateur legal scholarship.

Edit: Oh, except I just read that the ban was based on the US Constitution's 14th Amendment (States can't deny equal protection under the law). Based on that argument, I guess the US Supreme Court does have jurisdiction.

Date: 2010-08-04 09:49 pm (UTC)
From: [identity profile]
It'll get to the SC...there's also a ruling in Massachusetts that needs to be reconciled..

In the end, the SC will rule under the Full Faith and Credit Clause(the one that forces states to recognize driver's licenses, hetero marriages, etc. issued and performed in other states) will mean that all 50 states will have to recognize any gay marriage legally done in any other state hence de facto legalization of gay marriage nationwide(and the striking down of the Defense of Marriage Act)

And then its on to the next frontier for marriage...multiple spouses...

Date: 2010-08-04 10:13 pm (UTC)
From: [identity profile]
Yeah, if SCOTUS says that a state constitutional ban violates the 14th Amendment, then the other states won't have a legal basis for laws or constitutional amendments against gay marriage. Should be interesting as the court is currently pretty conservative, but has some libertarian leanings as well (Kelo being an annoying exception).


petermarcus: (Default)

January 2012

12 34567

Style Credit

Expand Cut Tags

No cut tags
Page generated Sep. 25th, 2017 07:57 am
Powered by Dreamwidth Studios