Court could avoid ruling on gay marriage ban

Associated Press ^ | Mar 26, 2013 12:27 PM (ET) | MARK SHERMAN

[DJ MacWoW]

WASHINGTON (AP) - The Supreme Court suggested Tuesday it could find a way out of the case over California's ban on same-sex marriage without issuing a major national ruling on whether gays have a right to marry, an issue one justice described as newer than cellphones and the Internet.

Several justices, including some liberals who seemed open to gay marriage, raised doubts during a riveting 80-minute argument that the case was properly before them. And Justice Anthony Kennedy, the potentially decisive vote on a closely divided court, suggested that the court could dismiss the case with no ruling at all.

[DJ MacWoW]

FReepers have been yelling about activist courts for years while most Americans just yell at their TV and tune in to Honey Boo Boo or some other reality trash.

[longfellowsmuse]

then we need to teach them

[Lmo56]

SCOTUS would be wise to pass on this. Much of what appears to be a ground swell is social media driven and does not reflect the sentiment of the (un-evolved) majority of Americans.

Not to mention the law of unintended consequences, especially when redefining an ancient institution.

BIG Question:

Kennedy has suggested NOT ruling at all at this time.

Normally, if there is no majority opinion from SCOTUS, the PREVIOUS 9th Circuit ruling applies, in which case, prop 8 would be overturned and gay marriage would be legal [for CA only].

My question is whether the 9th Circuit's ruling would stay in place [overturning Prop 8] OR because SCOTUS failed to rule, would the 9th Circuit's ruling be vacated and the CA Supreme Court's ruling apply?

FYI: The CA Supreme Court ruled Prop 8 constitutional, but allowed previous gay marriages to remain in place ...

[circlecity]

"I meant the court would rule this isn’t a federal matter, thus overturning the federal court, and resulting in the reinstatement of the law."

That would essentially be a ruling on the core merits, ie. that there is no constitutional equal protection right to gay marriage. I'd love that ruling too. Many are predicting they won't go that far at this time.

[chris_bdba]

If they turn it back to the states I’d think the decision of the California supreme court would stand since they are the highest state court in California? Not a legal expert though.....