Justice Scalia Compares Same Sex Marriage to Murder...

[Ben]

Justice Scalia Compares Same Sex Marriage to Murder - YouTube (http://www.youtube.com/watch?v=zdJTV9LzBoM)

[Ben]

Top 5 WORST Homophobic Quotes from Justice Scalia:

Top 5 WORST Homophobic Quotes from Justice Scalia - YouTube (http://www.youtube.com/watch?v=0aXczS1t5EM)

[hippifried]

He's a jerk. He's also a legal stickler when things get tight. I might be way off base here, but I have a strong gut feeling that the "compelling interest" argument will sway even Scalia to let the California State Supreme Court ruling stand. The Prop 8 supporters have yet to be able to articulate a reason for this law, except to discriminate against a particular group of people. Personal or social views about sexuality have never really been an important part of this case throughout the appeals process. I predict a lopsided decision in favor of the California decision. This could be a major blow against legalized compulsory hatred. It's about time. It's been over 48 years since passage of the Civil Rights Act.

[robertlouis]

He's a jerk. He's also a legal stickler when things get tight. I might be way off base here, but I have a strong gut feeling that the "compelling interest" argument will sway even Scalia to let the California State Supreme Court ruling stand. The Prop 8 supporters have yet to be able to articulate a reason for this law, except to discriminate against a particular group of people. Personal or social views about sexuality have never really been an important part of this case throughout the appeals process. I predict a lopsided decision in favor of the California decision. This could be a major blow against legalized compulsory hatred. It's about time. It's been over 48 years since passage of the Civil Rights Act.

Completely agree. And here's an excellent illustration of both how and why people like Scalia will fail in the long run.

[trish]

Completely agree. And here's an excellent illustration of both how and why people like Scalia will fail in the long run.Indeed.:iagree:

[beatlephil]

The California State Supreme Court upheld Proposition 8 as Constitutional. It was a Federal Court ruling that declared it as unconstitutional. That ruling was upheld by a three judge panel of the Federal 9th Court of Appeal. That ruling is what's being ruled upon by the U.S. Supreme Court. The 9th Court of Appeal is the most liberal appeal court in the country and has been the most overturned appeal court in the country so we'll just have to wait and see. A split decision is more likely letting Proposition 8 stand while striking down parts of DOMA. The Supreme Court has made it clear it has no stomach for imposing on the country another Roe Vs. Wade-like ruling that will only lead to decades of bitter infighting to abolish gay marriage via another law or a Constitutional Amendment. And if you think that can't happen, people opposed to Prohibition against alcohol never thought it would get a two-thirds vote in the House of Representatives, but it did. Or get two-thirds in the Senate. But it did. Or be ratified by three-fourths of the states. But it did. It took a Great Depression to get the votes in Congress and the states to repeal it. I wouldn't hold my breath on that happening again anytime soon.

[Willie Escalade]

Do they drug test the justices? Because he's on some really powerful shit...

[robertlouis]

Do they drug test the justices? Because he's on some really powerful shit...

It's called homophobia, Willie.

[trish]

Roe vs Wade is one of the Court's most laudable decisions. It as stood as bulwark since 1973 against the idiotic superstition that a blastocyst is animated by magic spirit assigned to it by a sky god who was invented by an archaic desert people and against the religious right's demand that we should impose the consequences of this "sublime" belief on intelligent women who wish to use reason and science when making decisions about their own body.

I'm hoping against hope that the Court has the moral courage to make another decision like Roe vs Wade; that they recognize that marriage is for gays as well as straights and establish a precedent that protects gays and lesbians against the prejudices of our country's aged homophobic bigots until such time as they all die of old age.

[hippifried]

The California State Supreme Court upheld Proposition 8 as Constitutional. It was a Federal Court ruling that declared it as unconstitutional. That ruling was upheld by a three judge panel of the Federal 9th Court of Appeal. That ruling is what's being ruled upon by the U.S. Supreme Court. The 9th Court of Appeal is the most liberal appeal court in the country and has been the most overturned appeal court in the country so we'll just have to wait and see. A split decision is more likely letting Proposition 8 stand while striking down parts of DOMA. The Supreme Court has made it clear it has no stomach for imposing on the country another Roe Vs. Wade-like ruling that will only lead to decades of bitter infighting to abolish gay marriage via another law or a Constitutional Amendment. And if you think that can't happen, people opposed to Prohibition against alcohol never thought it would get a two-thirds vote in the House of Representatives, but it did. Or get two-thirds in the Senate. But it did. Or be ratified by three-fourths of the states. But it did. It took a Great Depression to get the votes in Congress and the states to repeal it. I wouldn't hold my breath on that happening again anytime soon.

Okay, mea culpa. Guess I should have looked before relying on memory that isn't getting any younger.

Different argument though. CSPAN aired the 9th Circuit orals again the other day, & the California constitutional argument over initiative deference was alluded to but shunted aside because it doesn't & can't pertain to Federal Constitutional law. The federal court arguments & rulings in this case have been about whether the State of California has any kind of compelling interest in creating law that discriminates against a particular group of people. That really hasn't been addressed by the proponents so far, because they don't have one.

As for the 9th Circuit Court of Appeals:
They may very well be the most overturned, but I believe they're also the most upheld. They're the biggest circuit. A whole lot bigger than the others in covered territory, number of judges, & caseload. So big that no President has been able to control it through appointments. The idea that it's some bastion of "liberalism" is as silly as the pundits who mindlessly repeat the meme.

[Dino Velvet]

Legalize marriage for the gays but take it away from Armenians.

http://cdn.crushable.com/files/2012/01/Kim-Kardashian-Crying.jpg

[fivekatz]

Roe vs Wade is one of the Court's most laudable decisions. It as stood as bulwark since 1973 against the idiotic superstition that a blastocyst is animated by magic spirit assigned to it by a sky god who was invented by an archaic desert people and against the religious right's demand that we should impose the consequences of this "sublime" belief on intelligent women who wish to use reason and science when making decisions about their own body.

I'm hoping against hope that the Court has the moral courage to make another decision like Roe vs Wade; that they recognize that marriage is for gays as well as straights and establish a precedent that protects gays and lesbians against the prejudices of our country's aged homophobic bigots until such time as they all die of old age.My personal guess is that in the end the Justices kick the can down the road by ruling that the parties bring forth the suits have no right do and dismiss the cases without prejudice.

DOMA is the more troubling case for the judges even the homophobes who pretend to be strict constitutionalists until a case come along like this that just shatters the idea of Federalism being bad.

If in fact the right to marry for same sex couples is a state by state issue, then DOMA eventually becomes a problem because the Federal government as an employer in that state will be discriminating against same sex couples and denying them the rights of their state, in any state where same sex marriage has been deemed legal by the state of residence.

To me the justices would be on the wrong side of history to the tune of Dred Scott and far more likely to be overturned in their own lifetimes. Bit on the OTOH the court has been sculpted by multiple GOP Presidents to be a very myopic. tunnel vision group.

[trish]

Don't you just love the uniformity argument though? Without DOMA, the argument goes, some States might recognize same sex marriage while others might not thereby creating disparity in how gays are treated among the States. DOMA spares gays this horrible non-uniformity and guarantees instead that they will be uniformly discriminated against.

[fivekatz]

Don't you just love the uniformity argument though? Without DOMA, the argument goes, some States might recognize same sex marriage while others might not thereby creating disparity in how gays are treated among the States. DOMA spares gays this horrible non-uniformity and guarantees instead that they will be uniformly discriminated against.I think that the uniformity issue actually seals the fate of same sex marriage in as far as eventually whatever this court decides they will create a situation where Federal law does not create fair and equal treatment in all the states.

If the court rules DOMA unconstitutional it will under cut the states that do not recognize same sex marriage and while it may take the rest of this decade all 50 states will come into line with the Federal government.

If the court upholds DOMA there is sure to be appeals that there is unequal treatment in states that allow same sex marriage and the Federal governments policy in those states.

If the court kicks the can down road (rules that the current petitioners have no legal standing in the case) it will surely reappear.

The entire argument is fair and equal treatment under the law and the lack of conformity IMHO is a friend of those wishing to end this form of discrimination in the long run.

[Ben]

I Believe In The Devil - Supreme Court Justice Scalia - YouTube (http://www.youtube.com/watch?v=lTLpTN-TiXQ)