Capitol Hill Blue Forums Life and Moral Issues Morality & Society We Shall Overcome Redux

Thanks for all of the kind words Ranters. I was over at The Hill.com, a website for all things Congress and the story of a federal judge overturning Prop 8 has the usual "comments" section. I love reading that section of any story.

...just gotta love this one, regarding the overturn of Prop 8!


Yep, you read it here Ranters - a gay federal judge appointed by Ronald Reagan and re-affirmed by GHW Bush, allows the marriage of Adam and Steve and this means war!



Put 'em up, put 'em up, already...

A question for the Constitutional Law scholars:

Can the 9th Circuit just refuse to hear an appeal, for lack of merit. And does that block an appeal to the SC?

Regrettably, it seems likely that the current decision will be overturned on appeal. That result will likely rely upon some narrow interpretation of the law.

However, what is likely to stand is the judges ruling on facts in the case The following link gives a good review of those rulings of fact.


atlantic

Someone in another comments section wrote:




Wait!

I'm left-handed.

No, the 9th Circuit cannot refuse to hear the appeal.

Or those whose fingers are of the same length?

It appears that he did not issue an immediate stay based upon the order, but when a notice of intent to appeal was lodged, he may have - at least from the articles I have read. Not clear yet.

I am ecstatic, but recognize that the same-old, same-old meritless arguments will continue to be made, and I am not as sanguine as Phil that the present ethically-challenged, and partisan-based SCOTUS will not follow the party line, although Justice Kennedy has been pretty firm in his view of sexual partners being a fundamental right - Lawrence v. Texas, but explicitly noted "It does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter." And it was Justice O'Connor who asserted that "a law limiting marriage to heterosexual couples would pass the rational scrutiny as long as it was designed to preserve traditional marriage, and not simply based on the state's dislike of homosexual persons."

Okay, here's another question:

The Ninth Circuit handles appeals from California, Arizona, Hawaii, Oregon, Idaho, Washington, Montana, Alaska, and other US Pacific territories. If the Ninth Circuit hears an appeal of this case and supports Judge Walker's decision, could this affect all of the Ninth Circuit's states? Even if they did not extend same-sex marriage rights to all of those other states, wouldn't it make it likely that similar suits brought in those states would succeed?

To all who will benefit from Judge Walker's ruling, and that would be everybody who lives in CA, CONGRATULATIONS!

Phil,
On this issue we agree 100%. Marriage is just a word, love and passion are undeniable.

Good luck all!

This issue is slowly snowballing, and will ultimately be impossible to stop, because it has undeniable constitutional support. Given a chance to vote against the constitution, voters may do so, but given it's day in court it will eventually win.