Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

cthulu2016

(10,960 posts)
8. That was my impression during Oral
Wed Jun 26, 2013, 10:59 AM
Jun 2013

We cannot know for sure, but I think the ***new*** (hooray) equal protection finding in the DOMA case is a problem for things like Prop 8, even though the decision doesn't speak directly to things like Prop 8.

If Prop 8 was struck down on its merits then about 25-30 similar state laws would arguably have been struck down with it -- in practice if not directly. The language on Prop 8 would have been directly applicable to their laws.

I think Roberts did not want a decision, or to risk a decision, about STATE laws that actually would have all but legally same-sex in all 50 states.

If I was strongly against marriage equality I would have voted with Roberts and Scalia as a tactical vote.

And I am sure that Roberts and Scalia are very politically motivated and politically aware.

This question sums it up in my mind: Does Scalia have the integrity to cast the deciding vote to make it so gay people can marry in California tomorrow because it's legally right?

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»General Discussion»Conservatives got the bes...»Reply #8