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View Diary: Scotus Blog: Supreme Court won’t uphold or strike down Prop 8 (199 comments)

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  •  I still don't understand how that's legal (6+ / 0-)

    It seems like that alone should be used to overturn the law under the equal protection clause. The court looks foolish on that one for sure, they should have just overturned it.

    If debt were a moral issue then, lacking morals, corporations could never be in debt.

    by AoT on Tue Mar 26, 2013 at 09:41:55 AM PDT

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    •  they have in the lower courts (4+ / 0-)
      Recommended by:
      theKgirls, TomP, glorificus, CoyoteMarti

      we won't know until June if SCOTUS will, or if they'll just punt (which would leave the lower court rulings as is.)

    •  The law is what they say it is (5+ / 0-)
      Recommended by:
      theKgirls, TomP, glorificus, filby, nextstep

      when they say it.  Et cetera.  None of it has to make sense, strictly speaking, althought judges do purport to try.

      Agreed.  All of the California Supreme Court Justices but Justice Moreno took the cowards route.  His dissent to the case is well worth a read.

      "I'm bragging . . . I'm always in love . . ." - Always In Love, Wilco

      by TichMarie on Tue Mar 26, 2013 at 09:48:23 AM PDT

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    •  They were in a tight spot (0+ / 0-)

      And that also feeds into their decision to allow petitioners standing to defend Prop 8.

      Remember, the CA Supreme Court first ruled that California's state constitution required equal protection, and thus equal marriage, which is what opened the door to same-sex marriages in the first place.

      Prop 8 was a "take that" face-slap to the court from a majority of Californians, specifically in reaction to that decision.

      The court was directly chastised by the people of California. Rather than step back into those shark-infested waters, they are now just letting the People decide (though no doubt silently hoping the People get around to changing their minds in due time.)

      ad astra per alia porci

      by harrije on Tue Mar 26, 2013 at 11:00:36 AM PDT

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