Appeals court upholds decision overturning Virginia’s same-sex marriage ban!!!

[Raine1967]

From WaPo:

By a 2 to 1 vote, a panel of the U.S. Court of Appeals for the 4th Circuit in Richmond said that the fundamental right to marry is guaranteed under the Constitution regardless of sexual orientation.

“We recognize that same-sex marriage makes some people deeply uncomfortable,” said Circuit Judge Henry F. Floyd. “However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life.”

[longship]

1. Yup! That's it in a nutshell.

The dominoes are tumbling. Not one is upholding gay marriage bans. Not one!!!!

As it should be.

[Swede Atlanta]

2. I am happy for those positively affected by this ruling....

I continue to be very concerned about the various potential writ of certiorari cases that could be accepted by the Court to resolve the matter once and for all.

No one should believe this Court is rational or follows the Constitution. A whole range of recent decisions including HL should inform one's opinion on this point.

Roberts voted with the majority in the ACA case probably to save face for "his Court". He knew healthcare had been debated and attempted for years and didn't want "his" court to be historically characterized as having thrown the ACA to the trash.

But based on HL we should be aware that the Catholics on the Court have no problem in enshrining in precedent very conservative Catholic beliefs and policies. I have no doubt they will listen to the Church and say gay okay if no sexy but no sexy no family no marriage.

Recall that we had a different court that decided Lawrence v. Texas. The Prop 8 case was decided not on the merits but on standing. It was an easy dodge for the court.

I fear that bringing these marriage equality case(s) before the court now risks the five Catholics on the court holding to the pope's position and denying these persons the right to marry.

[Phentex]

3. It's got to keep going this way...