The Big Gay Marriage Thread

I'm probably going to be asked in a deposition today what my marital status is. Is the correct answer "single, according to the state of Tennessee," or "in a Vermont civil union," which is not a marriage? Hmmm.

"Fabulous" is not a valid answer?

"Fine, thank you, how is yours?"

Well fuck, SCOTUS granted cert on the California Prop 8 case. Also the DOMA cases.

News just came out and I'm off to teach a class (on Federal cases, no less!) Here is a preliminary link.

http://www.dailykos.com/story/2012/12/07/1168113/-SCOTUS-Grants-Cert-on-Prop-8-Windsor-Cases
With respect to Prop 8:

Prop. 8 is granted on the petition question -- whether 14th Am. bars Calif. from defining marriage in traditional way. Plus an added question: Whether the backers of Prop.. 8 have standing in the case under Art. III.

With respect to Windsor

In Windsor, the government petition (12-307) is the one granted. In addition to the petition question -- whether Sec. 3 of DOMA violates equal protection under 5th Amendment, there are two other questions: does the fact that government agreed with the 2d CA decision deprive the Court of jurisdiction to hear and decide the case, and whether BLAG (House GOP leaders) has Art. III standing in this case.

This could be pretty awesome. I honestly didn't expect them to have the balls to do it.

Source

Had they not granted cert, we (California, where I live, which really *should* be in the first round of states to legalize!) would be having gay marriages starting like, Monday. Hopefully they will rule in favor, but now it continues on hold till probably June, and who knows how they will rule.

I'm just glad they're finally ruling on DOMA. There were something like what, three or four DOMA cases that had made it to the level of the supremes?

This already went viral but is just too awesome. From the crowd getting married in Seattle minutes after the Washington law took effect

Here's the link without the FB redirect.

I love to see happy beards.

Even without that godawful FB code that Repo post (*HISSSSSSS*) it's still just dead-ending for me. Weird. :(

Pretty much any picture of older people gettin' married makes me all "d'awwwwwww."

Shit done got real. Either way they decide, it's going to be a barnstormer (because reason and precedent dictate that they find Prop 8 unconstitutional, and the smart money is probably on them saying 5-4 that it's cool).

Or they could say that the ProtectMarriage people don't have standing and dismiss the case without answering on the merits (which would also vacate Prop 8).

They could also do that with the DOMA case in regards to BLAG's standing, but that seems less likely I think.

True, although the fact that they've granted cert on the constitutionality issue suggests that they want to take it on. Of course, they could always get cold feet and dismiss cert as improvidently granted or rule there is no standing and decline to reach the constitutional question.

Yes. Also, in the DOMA case, I believe that even if BLAG is ruled to not have standing, the SCOTUS would still have to rule on the merits of that case because the gov't is required to enforce DOMA despite the DOJ's decision to no longer defend it. I forget what the term for that is. (edit: "case or controversy")

The best possible scenario though is that SCOTUS strikes down DOMA's section III, and then broadens the ruling to also strike down section II as well. I don't find this extremely likely, but it's still worth hoping for.

"Married to a hot chick."

Sadly, the question didn't come up.

No, that's good, because it shouldn't fucking matter. Unless you were being deposed in your own divorce trial.

Could just be part of the administrative data. Those things can be a little too detailed at times.

I couldn't believe they accepted both, but I'm thrilled because this will result in double the hair-pulling from the social conservatives when they lose on both counts, which I'm fairly confident they will. It'll be another brick in the wall for their whole belief system, another blow toward those fading hopes of theirs that the country can be reclaimed. I want them to feel sad, alone, angry, and desperate...the very same emotions that those they have oppressed have felt for so many years. I'm loving the direction the world is moving.

Of course, when the climate change wipes us all out, this won't matter much, but at least I'll die happier.

I have concerns. I'm concerned that the conservatives on the Court rushed to take these before Obama has any chance to make the Court more liberal.

Yeeee!


EDIT: Seriously, how can anyone look at that picture and not just grin at how happy everyone is, goddammit?

I'd have used the classic "Getting it daily, nightly, and ever so rightly."

Yeah, I'm not happy.

I'd really rather they just let the Prop 8 ruling stand. Why take it to affirm it? I'd be surprised if they broaden it.

On the other hand I find it interesting that they requested briefing on the standing issues in both cases. Maybe they just really want to add to standing jurisprudence and gay marriage is a side issue.

.....Nah. But still, interesting.

I'm not 100% sure it will go 5-4 against gay marriage. Roberts, Alito, Scalia, Thomas sure, but Kennedy has been ok on gay issues. Ginsburg, Breyer, Sotomayor, and Kagan are supposed to be in the bag, right?

With respect to DOMA, I could see them striking down section 3 and upholding section 2. I think that would appeal to a conservative, risk-averse court and would basically leave the decision to the states while limiting the federal governments ability to decide social issues for the country:

I don't get how Section 2 doesn't violate full faith & credit. I expect that the courts have ruled it doesn't because TEH GAYZ, using the excuse of "well marriage is special and everything else isn't"?

Maybe Roberts will continue trolling everybody by seemingly siding with the left wing in a hot-button case but limiting the power of Congress in doing so?

I was baffled by that too and looked into it. Apparently marriage is special -- they didn't make states which banned interracial marriage recognize those either. Great company to be in.

Until they went to SCOTUS (or maybe just district? I could be misremembering), which has historically resulted in favor of the state(s) with the more lax marriage laws (in that it essentially forced the more restrictive state(s) to recognize the marriage(s)). Essentially, it doesn't get enforced at first, but eventually the less restrictive laws prevail.

Not that people always follow them.

Oh, well, he let them use his bathroom! How not racist can one man be?

Maybe one day I'll be brave enough to let the blacks and the gays sit on the same toilet that my lily-white ass cheeks touch.

And thus, the conservatives' drive for squat toilets was born.

Look at how well groomed those beards are, that's how you know.

Must be broken clock appreciation day somewhere.

!!! Haha!!
The first comment:

The second comment:

"You wouldn't be here at all if it wasn't for assorted older people!" is a great summary of the entitlement that elderly conservative voters seem to exhibit every time they got to the polls to vote some terrible person or policy into action. AARP should get it on a bumper sticker.

I have to say, Roberts (the GWB Golden Boy Appointee of Conservatism) was pretty surprising on his ruling concerning Obamacare. Someone here or at Other Forum speculated that he may be seriously considering the historical legacy of The Roberts Court over against his conservative cred. He's as intelligent a person as anyone who actually reads the news and considers historical impact and so on (unlike the infovoid that surrounded Romney for example) and he knows how history is turning. So I would be surprised if he broke away from the traditional view on this one, but not as surprised as a year ago.

Or as others have mentioned, SCOTUS may take an easier road out by ruling different ways on different parts.