If the SCOTUS affirms the prop 8 decison does that mean same sex marriage will become law?

[white_wolf]

Just wondering if the SCOTUS affirms the ruling by the court of appeals, does that mean same sex marriage will become legal in all 50 states? Though to be honest, I'm not sure I want this before the SCOTUS with the likes of Scalia and Thomas on it.

[hlthe2b]

1. NO... The decision was written exceedingly narrowly to apply ONLY to California...

The 9th circuit could have decided on broader issues that would then effect much of the western region without same sex marriage laws. They did not do so. THus, if SCOTUS decides to take it, it would likewise be deciding only on the law with respect to California. I heard a very long discussion of this matter with Nina Totenberg and some other legal heads on NPR. They did a nice dissection of the implications.

[CAPHAVOC]

2. If they rule on the basis of the equal protection clause it opens a new can of worms.

They tread on dangerous legal ground in my opinion. The two judges attempted to limit the case. Think of how many laws are not applied equally to all citizens. Many you might really like.

[ruggerson]

3. Kennedy wrote the majority opinions in both Romer and Lawrence

on top of that we have Ted Olson as co-lead counsel.

[FarLeftFist]

4. The lawyer offered one hell of an argument against Prop 8. Kudos to him.

Basically stating that if any law is enacted that oppresses any certain group of people without any reason except for oppression then the law shall be considered unconstitutional.