Federal Judge Overturns Prop 8

[Christopher J. Lawton]

This thread will be fun...

Alright, so Prop 8 has been overturned by a Federal Judge. They have two levels left, with the Ninth District and then the Supreme Court.

It's pretty clear it will be appealed to the Ninth District. What then? The Supreme Court hears less than 100 cases a year. Will this be one of them?

I think so. It's a huge issue that has divided a lot of people. I'm interested to see what happens.

[Christopher J. Lawton]

Addendum: For those who don't know, Prop 8 is the California ban on gay marriage. It was passed and then upheld by a judge. On this appeal, it was overturned, essentially legalizing gay marriage in California.

[Captain Marvel]

Of course, the fact that the Judge who decided the case was gay didn't play into it.

RIIIIIIIIIIIIIIGGGGGGGGGGHHHHHHHHHHHHHTTTTTTTTTTTT!!!!!!!!!!!!!!!!!

http://articles.sfgate.com/2010-02-07/bay-area/17848482_1_same-sex-marriage-sexual-orientation-judge-walker

[Christopher J. Lawton]

Of course, the fact that the Judge who decided the case was gay didn't play into it.

RIIIIIIIIIIIIIIGGGGGGGGGGHHHHHHHHHHHHHTTTTTTTTTTTT!!!!!!!!!!!!!!!!!

http://articles.sfgate.com/2010-02-07/bay-area/17848482_1_same-sex-marriage-sexual-orientation-judge-walker

I hadn't heard that. Oh, that will make an overturn at the 9th District level almost assured. A chimp in a tuxedo could argue that case successfully, and look quite stylish while doing it.

This case just got much more interesting...

[Captain Marvel]

I predict this will end badly, for both sides. I have a feeling that before all this is over there will be a very strong push for a Constitutional Amendment banning gay marriage. If and when that happens, it will serve to divide us at an even deeper level.

[PukeDrunk]

I predict this will end badly, for both sides. I have a feeling that before all this is over there will be a very strong push for a Constitutional Amendment banning gay marriage. If and when that happens, it will serve to divide us at an even deeper level.

Do you think it would strengthen the push against the 14th Amendment?

[Captain Marvel]

I don't know. I think they are two separate problems that really aren't that related. Though, I'm sure someone is bound to try to put them in the same category.

[Captain Falcon]

I don't know. I think they are two separate problems that really aren't that related. Though, I'm sure someone is bound to try to put them in the same category.

As politicians desperate to push their agendas often do.

[Tony Is Here]

The judge being gay may or may not have influenced it.  But if proponents want to argue that Gay marriage is a threat to heterosexual marriage than a straight judge would be just as uinfluenced.

 I agree this may end badly. But a constituional amendmant is never going to happen for either side. Even if support for an amendmant increased (and thats a big if) it is no where close to being able to pass.

[Tony Is Here]

two thirds of both houses of congress or two thirds of state legislatures to propose it.

Then three quarters of state legislatures to ratify it. It just is not happening for either side.

[Captain Marvel]

I see it as a possibility. It would probably pass in the states, it's Congress that's the issue with getting it going.

[Jason K.]

God help me if the current Supreme Court hears this case. Roberts and the Wonder Twins are as "activist" as it gets. I fear Roberts will want to take the case just to squash the issue, precedent or common sense notwithstanding.

[Tony Is Here]

Roberts is a bit less predictable On this issue than others.  From I would say the Meter from least to most supportive would go,

Thomas
Scalia
Alito
Roberts
Kennedy
Breyer
Ginsburg
Kagan
Sotomeyer

I predict a Plurality overturning of the case.

[Tony Is Here]

That said it is likely the supreme court will not hear this case and let the appellate decision stand a while.

[D.B. Byrd]

The judge being gay may or may not have influenced it.  But if proponents want to argue that Gay marriage is a threat to heterosexual marriage than a straight judge would be just as uinfluenced.

 I agree this may end badly. But a constituional amendmant is never going to happen for either side. Even if support for an amendmant increased (and thats a big if) it is no where close to being able to pass.

Considering the legislating from the bench that even the Supreme Court is guilty of, I would say that it probably was an influence.

It'd be like saying Cap or I was the judge overturning the handgun law.  Would you think that we could be completely 100% impartial?