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View Diary: Brace yourselves: we have a war on our hands... (345 comments)

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  •  I don't understand (0+ / 0-)

    "invalidating new marriages".

    •  The only way they could.. (0+ / 0-)

      ..jeapordize legislation banning same-sex marriages is by invalidating marriages that were already entered into.  That would raise serious constitutional concerns.  But just preventing gay people from getting married? Well, take a look at California.  That's what California did.  There is no heightened scrutiny that applies when you do that.

      "All along the watchtower, princes kept the view..."

      by Alec82 on Wed Nov 03, 2010 at 12:42:45 AM PDT

      [ Parent ]

      •  But Prop 8 was ruled Unconstitutional (3+ / 0-)
        Recommended by:
        lotlizard, neroden, sfbob

        at the trial level. And the fact that there were 18k existing marriages that were not voided ended up creating even worse equal protection problems, than if the CA Supreme Court had declared the marriages void.

        Also, SCOTUS has already ruled on this issue before. In cases where laws declared a class would no longer have a right to marry that previously had that right (like child support scofflaws), the SCOTUS has stricken those down.

        Lastly, the time frame is important. Gay marriage was legal only for a few months in CA. In NH, by the time they address the issue, gay marriage will have been legal for more than a year. The longer a state has legal gay marriage, IMO, the harder it becomes to uphold a sudden revocation on rational scrutiny.

        •  I do think you have a good point here (1+ / 0-)
          Recommended by:
          neroden

          Also, SCOTUS has already ruled on this issue before. In cases where laws declared a class would no longer have a right to marry that previously had that right (like child support scofflaws), the SCOTUS has stricken those down.

          Would be interesting for others with more legal acumen to comment.

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