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jeff47

(26,549 posts)

112. It would not legalize same-sex marriage in all 50 states

Wed Feb 8, 2012, 12:22 PM

Feb 2012

The basis for the lawsuit is that prop 8 made "gay marriage" illegal after it was legal. So a "win" at the supreme court would mean states could not make same-sex marriage illegal after they make it legal. But it would not make same-sex marriage legal in all 50 states.

(Assuming the justices stay within the case, which they are likely to do)

Since CA is the only state where same-sex marriage rights were granted and then taken away, it's unlikely that the Supreme Court will hear an appeal - it only affects 1 state.

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114 replies

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Highlight:

Prop. 8: Gay-marriage ban unconstitutional, court rules [View all] EarlG Feb 2012 OP

Boom! Liberal Veteran Feb 2012 #1

Great news! DisgustipatedinCA Feb 2012 #2

Oh my god! Woohoo! myrna minx Feb 2012 #3

Excellent!!!!! cliffordu Feb 2012 #4

YES! xchrom Feb 2012 #5

K&R !!! K&R !!! K&R !!! RKP5637 Feb 2012 #6

HELLS YES!!! Starry Messenger Feb 2012 #7

Dupe Starry Messenger Feb 2012 #8

Just broke out in applause! Pachamama Feb 2012 #9

As well it should have been found! Roland99 Feb 2012 #10

Hoooooray!! AtomicKitten Feb 2012 #11

Yeeee Haaaawww! coffeenap Feb 2012 #12

My first post when this all began was that it would be called unconstitutional. Gregorian Feb 2012 #13

Duh. I could have told them that. nt onehandle Feb 2012 #14

Reuters: California gay marriage ban unconstitutional: ruling Hissyspit Feb 2012 #15

HUZZUH! sakabatou Feb 2012 #16

Time to celebrate! Ian David Feb 2012 #17

Great news! LA Times link: highplainsdem Feb 2012 #18

Not posted yet on the Court's page. MineralMan Feb 2012 #19

wow... SoapBox Feb 2012 #20

We're in the hands of Anthony Kennedy then. Kurska Feb 2012 #21

Love letter to Justice Anthony Kennedy. FunMe Feb 2012 #102

Considering his reasoneing in Romer v. Evans and the air tight morningfog Feb 2012 #109

At long last! xxqqqzme Feb 2012 #22

LDS kind of started it. boppers Feb 2012 #97

Prop 8 overturned and Karen Handel resigned from SGK LynneSin Feb 2012 #23

Maybe the Warm and Loving Handel, can get a job at NOM!!!! SoapBox Feb 2012 #26

A Great Day indeed!!!! Pachamama Feb 2012 #28

I just said the same thing on Facebook. racaulk Feb 2012 #59

Awesome! YoungDemCA Feb 2012 #24

Links to the story at MSNBC, WP, and TPM: highplainsdem Feb 2012 #25

Another court smackdown for the H8ers! KamaAina Feb 2012 #27

yeah! AldebTX Feb 2012 #29

To the Mormon Church.......Buzz off Firebrand Gary Feb 2012 #30

Mitt keeps that much in checking KamaAina Feb 2012 #45

Great news! Irishonly Feb 2012 #30

Here's hoping the opponents spend hundreds of millions more in a losing SC appeal. Ikonoklast Feb 2012 #32

On to the supreme court we go.... Come on Kennedy! beyurslf Feb 2012 #33

Love always conquers hate mrs_p Feb 2012 #34

Woohoo! LadyHawkAZ Feb 2012 #35

so happy, now everyone go to the source and tweet and rec for Facebook OKNancy Feb 2012 #36

Well there goes the neighborhood. So much for that much desired monoculture of uptight ethics. Gregorian Feb 2012 #37

Link to the ruling (128 page document) - pinto Feb 2012 #38

thank god cate94 Feb 2012 #39

At minimum a win in the SC would mean gay marriage is legal in all 50 states. Kurska Feb 2012 #44

no, that wasn't what I meant cate94 Feb 2012 #58

CA recognizes ALL civil unions AND marriages. plantwomyn Feb 2012 #74

thanks !! cate94 Feb 2012 #86

No, it doesn't jeff47 Feb 2012 #111

Equal Protection Clause CAPHAVOC Feb 2012 #40

Excellent news maddezmom Feb 2012 #41

yeah baby! Lil Missy Feb 2012 #42

Yeehah! wryter2000 Feb 2012 #43

That is AWESOME!!!! truebrit71 Feb 2012 #46

CUE THE VONAGE THEME! rocktivity Feb 2012 #47

Link to the PDF of the ruling: MineralMan Feb 2012 #48

Alternate link to the ruling at the LATimes: Maven Feb 2012 #51

Cool! Their server will be able to handle it. MineralMan Feb 2012 #56

Excellent! K&R closeupready Feb 2012 #49

Hetero marriages inexplicably fail to collapse in flames n/t IDemo Feb 2012 #50

Wonderful news. Will this be appealed higher? nm rhett o rick Feb 2012 #52

And risk losing a big fat national wedge issue? Brother Buzz Feb 2012 #71

Great point. And we dont want it to go higher with this SCOTUS. Once they rule it is very hard to rhett o rick Feb 2012 #75

I tremble to think what this court would do with such a case primavera Feb 2012 #77

And include overruling Roe v Wade to boot. nm rhett o rick Feb 2012 #87

It probably will go to the Supreme Court, but that might be a good thing Bjorn Against Feb 2012 #89

How would they make the decision to hear the case if it goes that far? nm rhett o rick Feb 2012 #91

Four judges would have to agree that they want to hear the case Bjorn Against Feb 2012 #99

The consequences of losing is too great for the risk in my opinion when the possibility rhett o rick Feb 2012 #100

Well it is really not our choice whether or not we take the risk Bjorn Against Feb 2012 #104

I understand completely. I meant that with the risk, I hope it doesnt go at this time. nm rhett o rick Feb 2012 #105

It would not legalize same-sex marriage in all 50 states jeff47 Feb 2012 #112

Awesome! n/t DesertRat Feb 2012 #53

Love cannot be stopped! This is great news. CaliforniaPeggy Feb 2012 #54

High fives to the 9th Circuit. frazzled Feb 2012 #55

Very good news, indeed! suffragette Feb 2012 #57

Great news felix_numinous Feb 2012 #60

HUZZAH!!! Odin2005 Feb 2012 #61

In reading the decision, the Court makes their reasoning crystal clear... Spazito Feb 2012 #62

of course it's unconstitutional! barbtries Feb 2012 #63

xlnt xlnt kpete Feb 2012 #64

Great, great news. It feels like the tide is turning on this.... nt riderinthestorm Feb 2012 #65

Just in times for Valentines Day grantcart Feb 2012 #66

Great news, for a change! nt Lost-in-FL Feb 2012 #67

Kick and Rec !!!! Myrina Feb 2012 #68

big ole K & R........ dhill926 Feb 2012 #69

Excellent. nt msanthrope Feb 2012 #70

K&R Solly Mack Feb 2012 #72

My rainbow flag is still flying... hunter Feb 2012 #73

Fantastic News!!! cal04 Feb 2012 #76

NOM statement....Wow!!! SoapBox Feb 2012 #78

Links to full text of appeals court ruling Zenlitened Feb 2012 #79

ABOUT FUCKING TIME! William769 Feb 2012 #80

Here is the actual Court Opinion happyslug Feb 2012 #81

YAYY!!!! +1!!! K&R!!!! Liberal_Stalwart71 Feb 2012 #82

<Insert random applause gif here> christx30 Feb 2012 #83

Great news. Thank you. sabrina 1 Feb 2012 #84

Congrats to our LGBT brothers and sisters... Surya Gayatri Feb 2012 #85

And the justices quoted Groucho Marx and Frank Sinatra in their decision swimboy Feb 2012 #88

That was all kinds of awesome! mikeytherat Feb 2012 #107

Yahooooo! Great news! Politicub Feb 2012 #90

I'm afraid to see how the SJC takes it... Fearless Feb 2012 #92

Kennedy was the deciding vote in Romer v. Evans, and wrote the opinion, I believe. morningfog Feb 2012 #110

A big K&R.... awoke_in_2003 Feb 2012 #93

The dissenting judge should be ashamed imo. cstanleytech Feb 2012 #94

WOOT!!! Skittles Feb 2012 #95

I is smiling from ear to ear - one step closer for true equality for ALL Americans. Smilo Feb 2012 #96

I will be cautious on this one. Great Caesars Ghost Feb 2012 #98

FANTASTIC Marrah_G Feb 2012 #101

Dick Santorum has to hate this! roberto IS beto Feb 2012 #103

The legal marriage occurs in the Courthouse... SHRED Feb 2012 #106

A point I make all the time! mikeytherat Feb 2012 #108

That actually mirrors what happens with opposite-sex couples jeff47 Feb 2012 #113

Exactly. If I hear "marriage is a religious term" one more time, Hosnon Feb 2012 #114