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Due to the complex issues, the reasoning in the Prop 8 case will be very interesting, true. I think we are all saying that, one-way or another the Court will avoid "nationalizing" their ruling ("What happens in California stays in California"). Another side issue is that this reached the court via a Federal circuit court, which has jurisdiction beyond Cali...it could be that if the rulling is on the circuit court decision, it could mean ruling affects more than one state...
It was impossible for Prop 8 to reach SCOTUS any other way. Well maybe not 100% but in order to come in through a state court you'd need two different states to disagree or a citizen of one state to fight with another state. That can't happen with Prop 8. It was invoked on a federal issue and that's how it got over the federal system.
So the 9th Circuit would be bound to it but only for California unless they find a way to broaden it. If the do broaden it that would be for the entire country not just for the 9th.
But if they struck it down then it would mean no other state could have a similar law but again that would be a national thing and not for a particular circuit.
I can see that. Not quite ready to bite in to it but it's possible. Would make it easier if they dealt with Section 2 now.
Section 2 isn't even part of the case being heard, so I doubt they will do anything in regards to it. There will be a case very soon after dropping section 3, as I know many people who will be having destination weddings, myself included.
I am highly anticipating these being decided. I'm working myself into a bigger lather than I was awaiting the Arizona Immigration Law / Obamacare outcomes last year. This just seems bigger.
Re: Prop 8
Brain - Overturned in California only
Heart - Same-sex marriage legalized
Gut - Overturned in California only
Re: DOMA
Brain - Dismissed
Heart - Fully invalidated by court
Gut - Section 3 only invalidated by court
However, I don't think this adequately describes the end-result:#2 actually is a "ruling on gay marriage" in that it is a decision made in the light of the fact that some states sanction same-sex marriage, and therefore overturning DOMA implicitly (though admitted not explicitly) ratifies the right for states to sanction same-sex marriage and have that sanction consequently respected by the federal government. Given that, I see no possible way for other states to refuse to respect same-sex marriages sanctioned by other states, since arguments against Full Faith and Credit applying to same-sex marriage have generally hinged on the constitutionality of DOMA.
I see no element of law that could rationally justify denial of reciprocity once they've already struck down DOMA.
States do not always honor marriages of minors in other states, so the precedent is there.
States do not always honor marriages of minors in other states, so the precedent is there.
Could you please provide SCOTUS citations where they've upheld such?
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