Half the Country's Attorneys General Ask Supreme Court to Decide Marriage Equality

[William769]

Source: The Advocate

Attorneys general from 32 states have asked the nation's highest court to determine, once and for all, if same-sex couples have a constitutional right to marry, the Associated Press reports.

Top legal officials from 15 states that have already established marriage equality — and 17 states that have yet to do so — filed a pair of amici curiae, or friend-of-the-court briefs Friday, asking the Supreme Court to review three cases currently pending before the court, regarding same-sex marriage in Virginia, Utah, and Oklahoma.

The first brief, written by Colorado solicitor general Daniel D. Domenico, asks the nation's highest court to review two cases: Oklahoma's Bishop v. Smith as well as Rainey v. Bostic, a case out of Virginia brought by the American Foundation for Equal Rights and the legal team who defeated California's Proposition 8. By granting review, a process known as writ of certiorari, the Supreme Court has an opportunity to answer a question that only it can answer, the brief contends. Colorado, and by extension, other states withoug marriage equality, could face substantial legal fees from defending existing marriage bans if the Supreme Court ultimately strikes down such laws, the brief reads, according to the AP.

Signing on to Colorado's brief are attorneys general from Alabama, Alaska, Arizona, Georgia, Idaho, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, West Virginia and Wisconsin.


Read more: http://www.advocate.com/politics/marriage-equality/2014/09/05/half-countrys-attorneys-general-ask-supreme-court-decide

[Dont call me Shirley]

1. Wow, surprising, all ultra-right wing states. Who'd have thought?!

Except the leader CO, are they going far-reich, hope not

[William769]

2. Let's hope this turns out to be good news.

[riversedge]

4. I shutter to

think that the US Supreme Court would discriminate against same-sex marriages-at this point.

[Unvanguard]

5. It's two different groups of states: one pro-equality group and one just asking for a ruling.

The second is mostly right-wing states (Colorado has a Republican AG) but the first is not. Basically, the bottom line is that everyone wants the Supreme Court to decide this case.

[Dont call me Shirley]

8. Except for gay people. Everyone knows how the Vatican feels about homosexuality.

and marriage equality.

[Unvanguard]

17. I'm gay and I want the Supreme Court to decide this issue.

So do all the LGBT legal organizations (they've responded favorably to the requests from their opponents that the Supreme Court hear the cases) and an array of LGBT rights groups. Believe it or not, the Vatican does not dictate the outcomes of Supreme Court cases.

[Dont call me Shirley]

29. Just sayin', based on the consistent outcome of the majority reich-wing 5

not lookin good for a favorable outcome

[pnwmom]

10. They're hoping SCOTUS will stop it. n/t

[kaiden]

26. Colorado AG, John Suthers, has announced his candidacy

for mayor of Colorado Springs, a tea bagging Valhalla with no taxes and no infrastructure, yet home to Focus on the Family and more than 50 other Christian Right organizations. Buffing his bona fides, that's all. In his defense of the marriage bans, he might already have cost the Colorado taxpayers close to $1 million.

[Orsino]

28. "Please, please take our toy away. It's killing us at the polls."

Not surprising that the smartest on the right, still lacking the courage to confront an issue, want the easy way out.

[AlinPA]

3. If the SC acts, I predict 5-4 GOP. I know about Kennedy's sentiments, but it's "too big to fail" for

the GOP.

[Unvanguard]

6. The Supreme Court is going to rule in favor of marriage equality.

It's signaled by the tone of Windsor and it's been underscored by the strong pattern of lower-court rulings. Justice Kennedy is not going to wreck his own reputation as a gay rights hero by breaking with the overwhelming weight of federal court rulings and putting himself on a limb as the man who obstructed one of the most successful civil rights campaigns in US history, all to achieve a delay of a decade or so on the inevitable Supreme Court victory for same-sex marriage.

[William769]

7. Agreed.

Anyone who believes otherwise is just foolish or...

[AlinPA]

13. I'm staying with my "too big to fail for the GOP", Kennedy's reputation notwithstanding.

[William769]

24. See the post you responded to.

[pnwmom]

11. I think you're right. In another year this could all be wrapped up. n/t

[longship]

12. Nope, I would bet on 6-3 in support of equality.

For one, there is no way Justice Kennedy finds against gay marriage. I would bet the chief, Roberts, would also see the writing on the wall on this, too.

If they get Alito as well, that would be 7-2. There's no hope for Scalia and Thomas, I fear.

There is no way that SCOTUS is going to find that all those lower federal court findings are wrong.

[AlinPA]

15. Kennedy, Roberts, Alito?!! Repubicans? No way.

[longship]

16. Well, Kennedy is already pro-LGBT.

So yes! That would be 5-4 supporting LGBT rights.

And then there is the issue of all those federal cases, all but one finding in favor of equality. The only LGBT case that has gone the other way is the LA case.

So, yes! 6-3 or 7-2.

[Unvanguard]

18. Roberts is going to dissent. He showed his cards in Windsor already.

It will be 5-4.

[longship]

19. Then there's all those federal cases since Windsor.

All but one affirming gay marriage. The dominoes are all falling. Roberts may be partisan, but he's no dummy. He knows a lost cause when he sees one. Why not position oneself to write the majority opinion?

That's why I predict 6-3. But you could be correct, it might be 5-4, however still in favor of gay marriage. There's no way Kennedy doesn't side with the liberals on this issue.

[Unvanguard]

20. Roberts disagrees with them on the merits.

Note two relevant differences. First, lower court judges are bound by Windsor, and Roberts is only kind of bound by it (especially since he dissented). Second, the overwhelming majority of the lower court rulings have been district court rulings, and district court judges tend to be less ideological than appeals court and Supreme Court judges (indeed, two appeals court judges have already dissented from rulings striking down bans). I don't think Roberts has the anti-gay animus of Scalia or the social conservatism of Alito, but he is still a conservative legal ideologue and conservative legal ideologues are very unlikely to think the Constitution requires same-sex marriage. And we know this is what he thinks because he made it absolutely clear during oral argument last term and he underscored it by joining the dissenters in Windsor. I don't think he's likely to reverse himself for tactical reasons.

[longship]

22. He also knows that Kennedy will support LGBT.

So, we will see.

But your narrative may very well be correct. I certainly cannot argue with it. On the other hand, I have long ago stopped being surprised by SCOTUS rulings. There are fucking too often surprising. Maybe I am just hopeful for a more definitive ruling. I'll confess that.

Best regards.

[lark]

9. They are counting on the reich wing felonious five to vote their way.

They expect the SCOTUS to affirm that all states have a constitutional right to discriminate against "da Gays".

[AlinPA]

14. Yes.

[blkmusclmachine]

21. This "Hobby Lobby" Court worries me. I predict 5-4 AGAINST marriage equality.

[longship]

23. Probably not.

Kennedy is already on record to side with the liberals. It is at minimum 5-4 to support gay marriage. The only question is whether Roberts will go for the majority, making it 6-3. I argue that he might so that he can write the opinion. Others disagree.

But Kennedy is a fairly firm pro-LGBT on this.

[AlinPA]

25. He is a republican and the GOP won't allow him to go further than he has so far. I predict 5-4, GOP.

[longship]

27. Whatever. We'll see.