SCOTUS to Hear Prop 8 & DOMA Cases
Getting kind of dull in this area so I figured I get a discussion not related to guns going ....
Thoughts on the cases?
Personally, I think DOMA gets tossed but I am not sure about Prop 8. I cannot recall a time when SCOTUS considered a case when the petitioner won their case in lower court. I would not be surprised if they toss it out on procedural grounds (no standing).
Re: SCOTUS to Hear Prop 8 & DOMA Cases
I'm sorry if this is insensitive to other beliefs on "marriage" and what it means...but really? Really? The Supreme Court is now involved?
Do we really not have more pressing things going on?
Re: SCOTUS to Hear Prop 8 & DOMA Cases
Quote:
Originally Posted by
wickedsolo
I'm sorry if this is insensitive to other beliefs on "marriage" and what it means...but really? Really? The Supreme Court is now involved?
Do we really not have more pressing things going on?
Well, to be fair the court, they are handling a ton of other issues this session as well.
I agree with this sentiment for the Prob 8 case. They won their case. I do not think they have standing.
DOMA though is a constitutional issue, thus it's the type of case the court was designed for.
Re: SCOTUS to Hear Prop 8 & DOMA Cases
Help me out. I haven't really followed this.
Prop 8 passed. What happened after that?
Re: SCOTUS to Hear Prop 8 & DOMA Cases
Quote:
Originally Posted by
NCRAVEN
Help me out. I haven't really followed this.
Prop 8 passed. What happened after that?
It was appealed to the CA SPCT where it was struck down. That's why I am kinda puzzled as to why it's even being heard in SCOTUS.
The petitioners won their appeal and Prop 8 was declared unconstitutional at the state level but they are now filing with SCOTUS.
Re: SCOTUS to Hear Prop 8 & DOMA Cases
Quote:
Originally Posted by
HoustonRaven
Well, to be fair the court, they are handling a ton of other issues this session as well.
I agree with this sentiment for the Prob 8 case. They won their case. I do not think they have standing.
DOMA though is a constitutional issue, thus it's the type of case the court was designed for.
Yea, but at their core, it is revolving around gay marriage, right?
Marriage licenses are state issued.
Let the states deal with it and let the states iron it all out. The Federal government has other things to worry about.
Re: SCOTUS to Hear Prop 8 & DOMA Cases
Quote:
Originally Posted by
HoustonRaven
It was appealed to the CA SPCT where it was struck down. That's why I am kinda puzzled as to why it's even being heard in SCOTUS.
The petitioners won their appeal and Prop 8 was declared unconstitutional at the state level but they are now filing with SCOTUS.
Guess they are trying to win a national victory?
Quote:
Originally Posted by
wickedsolo
Yea, but at their core, it is revolving around gay marriage, right?
Marriage licenses are state issued.
Let the states deal with it and let the states iron it all out. The Federal government has other things to worry about.
I agree with that.
Re: SCOTUS to Hear Prop 8 & DOMA Cases
Quote:
Originally Posted by
wickedsolo
Yea, but at their core, it is revolving around gay marriage, right?
Marriage licenses are state issued.
Let the states deal with it and let the states iron it all out. The Federal government has other things to worry about.
I agree that's what is outght to be, but the Courts co-opted the marriage debate as a civil rights issue long before these cases.
The Libertarian in me agrees with you on that principle but the realty is that it IS in the courts now. I'd be ok if SCOTUS decided that this is a states rights issue and be done with it.
Re: SCOTUS to Hear Prop 8 & DOMA Cases
Quote:
Originally Posted by
HoustonRaven
I agree that's what is outght to be, but the Courts co-opted the marriage debate as a civil rights issue long before these cases.
The Libertarian in me agrees with you on that principle but the realty is that it IS in the courts now. I'd be ok if SCOTUS decided that this is a states rights issue and be done with it.
Me too. Then we could take that question out of the Presidential debates... or at least hope it would.
Re: SCOTUS to Hear Prop 8 & DOMA Cases
Prop 8 was actually upheld by CA SPCT.
Then it was challenged in federal court. It was District Federal Court where it was overturned by activist clown Judge Vaughan Walker.
It then went to the 9th Circuit Court of Appeals, which predictably and erroneously affirmed Walker's nonsensical ruling.
Now it is before SCOTUS. As with most highly-politicized issues that reach SCOTUS, the law is a secondary concern in the process, and Justice Kennedy determines the outcome.
Re: SCOTUS to Hear Prop 8 & DOMA Cases
Brendan A. was at a Supreme Court rally today (expressing his little-known, quietly kept views).
http://profootballtalk.nbcsports.com...supreme-court/
I'm glad SCOTUS is hearing it because I do think it needs to be treated as a civil rights issue.