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View Diary: Marriage equality repeal defeated almost 2 to 1 in New Hampshire state house! (237 comments)

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  •  as a legal THEORY, yes (4+ / 0-)
    Recommended by:
    newdem1960, commonmass, sfbob, T100R

    It isn't binding precendent outside the Ninth now. If it is held up at the SCOTUS it will be national.

    The Appeals opinion was written so narrowly there is room for opponents to argue it only applies to Prop 8 in CA. The SCOTUS is unlikely to broaden the opinion, but theoretically could. (Really unlikely as that isn't how the SCOTUS works 90% of the time.)

    But our side can argue it does apply, and probably would.

    But we'll probably still have a trial of some sort. We might get an injunction though and preserve marriage equality while the trial goes on.

    "Good God, Lemon! What happened to you in childhood to make you believe people are good?"--Jack Donaghy

    by Scott Wooledge on Wed Mar 21, 2012 at 04:32:11 PM PDT

    [ Parent ]

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