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View Diary: BREAKING: Ninth Circuit Court of Appeals Sends Proposition 8 to Supreme Court! (178 comments)

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  •  They could also go broader than the 9th (3+ / 0-)
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    jpmassar, Odysseus, madhaus

    The SC is not bound by any of the earlier decisions as to what they can rule on. They could go back to the original Walker decision and rule on a fundamental right to marry for all - which was clearly where Olsen and Bois seemed to be heading with their arguments at trial. I can't see them not arguing them at the SC.

    Also, I think people discount the import of Ginsberg on this Court. She made her name as a lawyer with key cases arguing for equality between the genders. Because marriage equality is, at its heart, about gender equality (my gender should not dictate my future mate) I would not be shocked to see a pretty broad opinion from Ginsberg, even if the Court as a whole rules narrowly.

    A government that denies gay men the right to bridal registry is a facist state - Margaret Cho

    by CPT Doom on Tue Jun 05, 2012 at 11:48:55 AM PDT

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