Supreme Court going to look at DOMA, prop 8

[The Comrade]

[exploited]

[eynon81]

since Roberts basically created his own style of judicial review for the HC mandate case I have no idea how they'll decide this. my gut says DOMA is unconstitutional and Amendment 8 is constitutional.

[The Dude]

I've always believed the SCOTUS would only take the gay marriage debate up when they were ready to make gay marriage legal the country over.

That said, I also thought it would be a few more years til the brought it up.

My only concern is that they will rule on the narrow grounds the California Supreme Court ruled on, that once you give a right you cannot take it away, rather than on 14th Amendment grounds. I'd be pretty shocked if they ruled Prop 8 is legal even if it's not extended to the whole country.

I really really hope I'm right in my first intuition that they'd take the case to legalize it in the country, period. It's about damn time.

[eynon81]

[Indy]

And we can finally get off of this issue once and for all.

[The Dude]

The question is, if that's what they're going to do, why bother taking up this case?

Reason I ask is because:

A. They uphold roughly just 1/3 of cases

B. When they do uphold it's to make the standard across the nation

C. When they make a narrow ruling it's usually an overturn

D. What is gained by simply upholding a narrow ruling for California? If they want to assert state rights, why not use another state's laws to do it? One which bans gay marriage?

[uebermann]

[The Dude]

[The Dude]

According to SCOTUS Blog, Prop 8 is mainly to be heard on 14th Amendment grounds.

I'm putting in my prediction now. 6-3, possibly 7-3, upholding 9th circuit ruling in a non-narrow way which legalizes gay marriage across the US. Roberts won't let himself be on the wrong side of history, here. Scalia and Thomas dissenting for sheezy.

Goodbye DOMA, suck it bigots.