My prediction: (1) Proposition 8 will be upheld, 5-4, with both Roberts and Kennedy in the majority (i.e., no constitutional right to gay marriage), but (2) DOMA will be held unconstitutional, also by a 5-4 vote (Kennedy in the majority, Roberts dissenting) on the ground that the federal government must recognize as legally married any couple who are legally married under the laws of their home state. Kennedy will justify his switch by saying the DOMA case presents a states-rights issue.
But that still wouldn't force other states to recognize faggot "marriages" performed in faggot states.
I think you’ve got it right. Your analysis was my first impression when I heard the news.
If it does result in states’ rights being upheld, what then happens with Article 4, Section 1- Full Faith & Credit?
Suppose that gay marriage is legal in MA but not in TX and that a company is incorporated in TX and doing business in both states. Do legally married gay couples receive benefits in MA but not in TX?
Louisiana does not allow gay couples to adopt. Yet a couple of years ago, the courts forced LA to amend the birth parents’ names on its vital record to reflect the legal adoption that took place in NY. (IMHO, NY should have had to issue a birth certificate. LA should not have to amend its vital records to reflect an adoption that is illegal in LA.) How do you see that situation playing out under the predicted ruling?
Your predictions are wrong. Prop 8 was overturned based upon a leftist judge ruling that the law was put in place by voters with no rational basis -the judged ruled that religion was not allowed as a basis for a citizen to vote.
The Supremes will throw out this leftist nonsense. DOMA has nothing to do with this.
That certainly splits the baby. I guess if they don’t go that route, it’ll tell us how ‘activist’ this court really is.