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View Diary: Daily Kos Elections Live Digest: 2/5 (380 comments)

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  •  Actually it could also be on 14th amendment (1+ / 0-)
    Recommended by:
    MichaelNY

    substantive due process grounds but the effect would be the same and gay marriage would be made legal everywhere as a result.

    26, originally OK-1, currently NY-10. Former swingnut.

    by okiedem on Tue Feb 05, 2013 at 09:20:43 PM PST

    [ Parent ]

    •  Are you talking about the California case (3+ / 0-)
      Recommended by:
      MichaelNY, Skaje, okiedem

      or just in general? My guess has been that the SC strikes down DOMA, and also Prop 8 but in a way that only would apply to California. That opinion, though, is based on the zero legal knowledge I possess, plus a hunch.

      I actually think we're maybe 5-10 years from the court legalizing gay marriage everywhere (and by ten years from now, we're not really talking about "the present court" anyway).

      •  I haven't read the brief but it's very difficult (0+ / 0-)

        to imagine a narrow ruling. The only grounds I can imagine for the court to overturn the ban would be 14th amendment grounds which would necessarily overturn all such bans nationwide.

        Because that's the only way to strike down the CA law (and probably DOMA as well) I find it very hard to believe that we'll get a favorable ruling out of this court.

        26, originally OK-1, currently NY-10. Former swingnut.

        by okiedem on Tue Feb 05, 2013 at 11:31:16 PM PST

        [ Parent ]

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