Updating my prediction from 5-4 to 6-3 Striking down at least Sect 3 of DOMA and Prop 8

On Edit: Fixed neice with cousin and:

Unfortunately, I think six votes is the ceiling. I don't see any possibility for Scalia, Thomas or Alito. I hope I am wrong there.

Either way of course.

Section 3. Definition of marriage

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.

Marriage equality poses no harm to the proponents. As I understand it, injury has to be established to have standing before a court.

A decision that they lack standing would likely leave the previous court's ruling strike down Prop 8 standing.

While it would be awesome for them to make a ruling that effects more then California, I've always been pretty skeptical they'd do that Prop 8.

DOMA has seemed like the better place to go big, or to lay the ground work to go big in the future by striking down part of the law.

& will stay cautiously optimistic.

I started saying it last year after healthcare's decision. Roberts is thinking about his legacy. I guess I am holding out hope that in 30 years, Roberts will be the next Stevens. Being on a court for life, knowing nothing can change that, and knowing that what you say and do will define you long after you die, these things can make a person reconsider previously held beliefs. History can be a harsh judge if you turn out to be on the wrong side.

Or is that not technically before the court. I mean, I know they COULD do whatever they want, but if they're hoping to craft a narrow-ish ruling my guess is they would leave section 2 alone. It will have to be repealed or challenged in a separate suit.

throw DOMA in its entirety in the s--tbin of history. I'm going to talk about this again on my upcoming show that airs Sunday and Monday and to do that I am going to go through the justices comments with a fine tooth comb. Shorter answer is, I don't know yet, but I am going to really listen and try to figure out what the chances of this are. I'm hopeful.

I think it's possible that they'll go 6-3 against DOMA. The standing issue is clear, since Ms. Windsor lost a lot of money (a clear injury under the law). I'm hopeful Roberts will see the light, and hopeful Thomas will retire soon.* That said, I'm not sure how that will play out in the long term. Will my husband and be able to visit MA this summer and file joint tax returns here in PA? I think that will be the subject of future litigation.

I think Proposition 8 will be dismissed for lack of standing. The court doesn't appear to have the stomach for such a sweeping decision, so they'll let it stay in CA. That said, it will still be a momentous decision.

*OK, I admit it... I originally wished for a medical emergency.