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View Diary: Supreme Court puts Utah marriage equality on hold for now (363 comments)

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  •  Am I the only one who sees the upside in this? (2+ / 0-)
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    telamonides, jan4insight

    I want the right wingers to keep challenging these rulings that same sex marriage bans are unconstitutional and hope that ultimately the challenges are taken up by the Supreme Court.

    Politically, if the wingers were smart, they'd cut their losses in Utah. Because if they keep pushing the issue of constitutionality of same-sex marriage bans, I don't think they'll like the answer from the Supreme Court when there are 5 pro gay rights votes on the Court. The Supreme Court in theory could have struck down such bans with the Prop 8 case last year, but I suspect that they did not want to 'go big' and would rather have the issue play out state by state. However, if different appeals courts come to different conclusions about the constitutionality of same-sex marriage bans, won't the Supreme Court be forced to make a 'big' ruling?

    Please proceed, wingers.

    •  Yes and no. (0+ / 0-)

      In theory, the chances for one would be larger. But they could still weasel themselves out through the standing issue in some states (for instance PA if Corbett loses next year). And if all appeals courts rule against SSM, the Court doesn't need to take the case.

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