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In reply to the discussion: Prop. 8: Gay-marriage ban unconstitutional, court rules [View all]Bjorn Against
(12,041 posts)While at first I thought it was inevitable a case this big would be heard but now I am hearing some good arguments as to why the court may decline to hear this case. If they do decline to hear it that is in one big sense very good because it means gay marriage is then legal in California. If they do decide to hear it and we win that could mean it is legal across the nation, it is a gamble however because while our chances of winning are quite good it is almost certain to be a 5-4 vote either way and if we lose it would be a pretty big set back. Kennedy is the one who will decide it, the really good news however is that the lawyers arguing our case before the 9th circuit were smart and thought ahead. They argued the case using precedent from a decision on equal protection written by none other than Justice Kennedy meaning if he rules against us he would be ruling against his own opinion.