Gay Marriage Moves Closer to Supreme Court

[Hissyspit]

http://mobile.reuters.com/article/idUSBRE84A1CQ20120511?irpc=932

Gay marriage moves closer to Supreme Court

WASHINGTON | Fri May 11, 2012 6:19pm EDT

By David Ingram

WASHINGTON (Reuters) - Two big cases addressing marriage rights for gays and lesbians are on track to reach the U.S. Supreme Court as soon as this year, keeping the focus on an issue President Barack Obama reignited with his endorsement this week.

The cases, originating on Jopposite coasts, go to the heart of a question that has churned for two decades: whether states and the federal government may refuse to recognize same-sex marriage.

How the high court would rule is impossible to know. In the court's most recent gay-rights case, the justices in 2003 struck down state anti-sodomy laws as an improper intrusion on private activity.

Lawyers for California same-sex couples are urging the U.S. Court of Appeals for the 9th Circuit to end its involvement, which would clear the way for a request for the Supreme Court to settle the issue.

[Tx4obama]

1. I believe the SCOTUS will do the correct thing just like they did in the case of ...

Loving v. Virginia

http://en.wikipedia.org/wiki/Loving_v_virginia

[HockeyMom]

2. Stare Decisis and Scalia

He will have a very difficult time getting around this.

[white_wolf]

3. Stare Decisis didn't didn't stop him in Citizens United.

I've stopped expecting anything but the worse from Scalia. It's like my professor said he has a results driven jurisprudence. I had to read Citizens United for a class and Steven's dissent is very good, the majority opinion however is kind of a mess in terms of logic.

[Swede Atlanta]

4. I'm not sure now is the time to take this to the Supreme Court...

This court seems to be results-driven. They approach each case with the decision already in mind. All they do is just device and contort the law to meet their needs.

We could face decades of continued denial if the court takes a negative decision now and under stare decisis it could be decades before it is revisited.