Well, crap. The sixth US Circuit Court of Appeals has upheld four states ban on marriage equality. This means SCOTUS will have to decide the issue, to clarify the contradiction between this courts ruling and the previous rulings of other courts. This is a dangerous victory for the anti-marriage forces -- because if the SCOTUS upholds marriage-equality, then marriage-equality becomes the law in all fifty states at once. If SCOTUS recognizes the states authority to ban marriage equality, all hell will break loose in at least 33 states and the District of Columbia. It will unleash a firestorm of rage that will energize the people that the republicans do not want energized. But the anti-marriage people are getting desperate. This is their last best shot. If they can win this one in the Supreme Court, they can go back and try to reinstate marriage bans on a state-by-state basis. Unfortunately, the judicial reasoning on which the bans were upheld is kinda weird. The justices kinda ruled that the courts shouldnt be the final authority on the law. Im not sure that SCOTUS will be happy with that argument. Validating it would mean giving up their own authority. I suspect that the court will do what they did with Prop 8 -- rule on the technicality, rather than the issue. They will overturn the 6th Court ruling on the basis that the courts are mandated to interpret the law and that the basis for the ruling is flawed. Itll be a 5-4 decision. And because of the timing, wed better pray for the continued good health of the 5 we need, because the current senate will not allow the current president to name a new justice. huffingtonpost/2014/11/06/gay-marriage-bans_n_6117196.html?utm_hp_ref=gay-voices&ir=Gay%20Voices
Posted on: Fri, 07 Nov 2014 00:11:24 +0000
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