“The state’s stay application was filed with Justice Sonia Sotomayor, who referred it to the whole court, according to the order issued Monday. Sotomayor is assigned to the 10th Circuit Court, which rejected Utah’s request for a stay three times (Salt Lake Tribune).” So far the “wise Latina” is using her head, and I wonder if Zero thinks he got himself a Souter. This is going to go to the SCOTUS sure as sunup. I’m hoping the same regard for federalism that killed DOMA upholds a state’s right to forbid same-sex “marriage”; I just worry that Kennedy might go the PC route and use a full faith and credit argument, and invoke Loving v. Virginia. Lord, I hope not.
“I just worry that Kennedy might go the PC route and use a full faith and credit argument, and invoke Loving v. Virginia. Lord, I hope not.”
If that happens then it’s the end of the marriage amendments. But it might not go that far for some states, the ones that only passed their amendments in the low-mid 50% ranges 6+ years ago might not choose to appeal like CA with prop. 8. More would though, like Utah.
Freegards
If that happened, and if I were with GOA, I'd file suit immediately to use a full faith and credit argument to allow concealed carry in all 50 states. In a heartbeat.
Unfortunately, the liberal judges make things up as they go along.
In spite of there being no areas of federal civil rights laws which deal with the LGBT peoples as a protected class, the liberal judges have been assuming for years that there is such provision in these laws. They have made it up as they went along.
What gets me about this is that there is no real equal protection argument as such. Everyone is treated equally under traditional marriage laws. Any eligible man can marry any eligible woman. All of us are restricted to one partner at a time. All of us are banned from marrying certain close relatives. We’re all treated equally as it is.
I understand that a homosexual doesn’t want to marry an opposite sex partner, but the point is, he/she has the right to do so.
So, this whole area of homosexual marriage court cases is one in which liberal judges make up the legal reasoning needed to arrive at their pre-ordained conclusion that we should allow homosexual marriage.
Not really. She simply delayed the inevitable. See my post #38.