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View Diary: The Supreme Court hears the same old arguments (137 comments)

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  •  There's little Justice (10+ / 0-)

    on the Supreme Court right now, but a great deal of Supremacy.

    About the only thing that gives me some heart in the situation is that the court of public opinion has seismically shifted in the last few years.  I firmly believe the Supremes took these cases thinking they'd still be able to weasel out of it because the majority wasn't there yet.

    Sorry, kids, that didn't work out too well.

    I do expect them to kick the can as much as possible and try to put the decision off for about ten years.

    (-6.38, -7.03) Moderate left, moderate libertarian

    by Lonely Liberal in PA on Wed Mar 27, 2013 at 12:53:44 PM PDT

    •  I agree that the first case will not be heard. (3+ / 0-)

      DOMA, I'm not so sure. I think the Court would be more comfortable once a few more states have legalized marriage before making a decision proclaiming the law of the land.

      Denial is a drug.

      by Pluto on Wed Mar 27, 2013 at 12:59:54 PM PDT

      [ Parent ]

      •  But they don't have to say anything (4+ / 0-)

        about the states. They might, however, say that if you're legally married, you're legally married. So you get the same rights any legally married couple does - survivor benefits, tax policy, military benefits.

        Those are federal issues, and the court can certainly rule on those.

        When DOMA was passed it was a moot point. No states permitted same sex marriage or even civil unions, so it didn't matter if the feds didn't recognize it. Kinda like not recognizing Martians as citizens.

        But now it's different, and they need to clarify if LEGALLY married couples should get the same benefits as any other LEGALLY married couple.

        And I don't see how they can rule otherwise.

        Once they do that, the states will just throw up their hands and recognize marriage as marriage, no matter who the couple is, even if they don't allow those two people to get married in THEIR state.

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