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View Diary: SCOTUS Grants Cert on Prop 8 & Windsor Cases (16 comments)

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  •  This might or might not make a difference (2+ / 0-)
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    lgmcp, Killer of Sacred Cows

    It's tough to say not WHETHER the court would respond to this but HOW they might respond.

    If I wanted to play devil's advocate they could say that since the people voted four times to support marriage equality that is the way it should be handled. That would potentially leave Prop 8 in place under the presumption that California could have another ballot measure to strike it down.

    Of course that would not apply to the DOMA cases which are a very different matter, since those are challenges to a federal law rather than to a state's decision to withhold a right.

    •  I don't think the SCOTUS would (1+ / 0-)
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      declare same-sex marriage illegal in those states that have approved it.

      I think it possible SCOTUS might strike down DOMA, but I'm not terribly optimistic.

      I think this court is likely to uphold Prop 8.

      Seems to me the best we can hope for is that SCOTUS would deny standing to those who opposed the court ruling striking down Prop 8.  

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