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There saying on all the Net News spots thaT CALIFORNIA'S PROP 8 (SAME SEX MARRIAGE) IS HEADED TO THE FED SUPREME COURT IN WASH. DC. I just wonder if this will change the laws in both the states that voted for Same Sex Mar or voted against Same Sex Marriage like the voters just did in North Carolina reasonantly
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It depends
on what decision, if any, is made by the Supreme Court, and they *might* decline to hear it. The Ninth Circuit sitting en banc has declined to revisit the lower court decision, just as the three-judge panel had, which was that Prop 8 was unconstitutional, and if the opposing parties had any sense, they'd leave it there, since the Ninth Circuit decision doesn't affect them, at least directly, while a Supreme Court decision would. It was just that sort of gamble by bigots which led to the legalisation of homosexuality everywhere in the USA, which of course set the pants afire of many people in this very large, and very diverse, nation.
While it's possible that the US Supreme Court could come down with an adverse decision, they'd have to ignore a lot of precedent, not least being the Loving v. Virginia decision, which legalised marriage between "races" all across the land, and the Lawrence v. Texas decision in 2003, which finally recognised homosexual individuals as a "protected class."
See also Romer v. Evans, 1996, and other cogent rulings here:
http://en.wikipedia.org/wiki/LGBT_rights_in_the_United_States
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Cheers,
Puddin'
A tender heart is an asset to an editor: it helps us be ruthless in a tactful way.
--- The Chicago Manual of Style
So many ways...
So many ways this could go... The simplest case would be if the SCOTUS (Supreme Court of the United States) declined to hear it... Then, the lower decisions would stand, and Prop 8 would be struck down and marriage would again be legal for anyone in California, but marriages between "same sex" couples would not be recognized by the federal government or a majority of the other states. (Just like the small number of marriages that occurred before Prop 8 was passed or marriages performed in other states or countries where it's legal.)
On the other hand, if we assume that the SCOTUS chooses to hear the case - the complexity comes in... Some possible outcomes include:
1) Laws against Same Sex Marriage around the country are ALL struck down (I don't really believe this will happen, but it would be nice.)
2) Marriage Equality could become the law of the land around the country (not quite the same as #1).
3) The lower Court ruling could be upheld - as is - with the above outcome.
4) Some or all of the lower court rulings could be struck down with who knows what outcome... It depends on what is struck down.
It's all over the place.
Annette
Another Possibliity
The Supreme Court could make a ruling that those that are appealing the Ninth Court's decision have no right to appeal, similar to Judge Tanner's "Dread Scott Ruling." This would mean the proponents of Prop 8 would have to start over.
One thing the Prop 8 battle does not cover is ...
the issue of the federal government having to accept same gender marriages.
That is one big difference between the Prop 8 battle and the recent ruling in Boston's First District Court.
In the 9th District, where the Prop 8 battle has been fought, a case similar to the Boston 1st District case is not scheduled to be heard until this fall.
unfortunately, the Prop 8 battle is really very limited and likely to only affect California, not the whole country, unless SCOTUS decides to expand it beyond the original suit.
It's nice to be important, but it's more important to be nice.
Holly
Religious backlash
Believe me, the two main religious bodies that really pushed Prop 8 have really suffered. I do not know the exact figures on the Catholic Church, because it is hard to sort which of several issues are impacting them the worst. However, I have seen an article that says the Mormons lost 50% of their US membership over it.
I do not wish either body harm, because I have deep faith myself, but I think that the stance against us is just wrong.
Aurella