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View Diary: US Supreme Court to DC Bigots: "NO!" w/ Updates (152 comments)

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  •  Yes, better to duck and leave it as a question (7+ / 0-)

    of states' rights than to either boldly reaffirm equality or to thread the needle between or overturn Lawrence v. Texas and Loving v. Virginia.  

    Bring Our JOBS and Troops Home NOW!

    by Marie on Tue Jan 18, 2011 at 10:45:09 AM PST

    [ Parent ]

    •  This case is not about LGBT rights nationwide (5+ / 0-)

      As FogCityJohn points out, the DC case was about DC law only. Moreover, the precise legal question was not directly about LGBT rights or even gay marriage. It was about whether the District's Board of Elections made the right decision about a petition for a referendum to be held.

      The case arose when a group petitioned to have the District hold a referendum on whether the new DC gay marriage act should be suspended. The Board held that an effort to suspend the gay marriage act is not a proper topic for a referendum because the District's Human Rights Law (HRL) says that a referendum designed to promote discrimination is not allowed. The Board's view was that the Council was acting to eradicate discrimination when it adopted the gay marriage law so a referendum to suspend the gay marriage act would violate the HRA.  

      The Ct. of Appeals upheld a decision of the Board of Elections. This means that the DC Ct of Appeals which (as FogCityJohn points out) is the final authority on the interpretation of DC law.

      The Supreme Court typically does not take cases that concern only the interpretation of state law, and do not involve a question of federal law. Like this case.

      So ..... sorry guys, the Supremes' decision to not take this case tells us nothing about what will happen when the S.Court does take a case involving LGBT rights.        

      •  Yes, the preference of the Supreme Court is (0+ / 0-)

        to look as narrowly as possible at cases presented to them.  Except when a very narrow question such as Citizen's United offers an opportunity to blow the freaking thing up and overturn decades of precedents.  Or they have the opportunity to choose the POTUS.

        IOW -- they really can do whatever they fucking want to do.

         

        Bring Our JOBS and Troops Home NOW!

        by Marie on Tue Jan 18, 2011 at 05:06:25 PM PST

        [ Parent ]

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