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View Diary: Obama administration will file brief in Prop 8 case (101 comments)

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  •  That's just silly. (0+ / 0-)

    The Court has often, in the past, ruled on larger issues, not necessarily the issues either side raises.  They certainly did that in the Health Care Act case last year.  To ignore the FF&C clause implications of DOMA would require they put on blinders, just to make some narrow ruling that basically leaves things as they are.

    They didn't do that in Loving v. Virginia, and that case (and the subsequent cases that state--over and over again--"marriage is a fundamental right" or some permutation thereof) were sweeping.  They didn't say, "Oh, Virginia, you can't do that, but South Carolina?  You carry on making miscegenation laws."  They struck all miscegenation laws everywhere in the U.S., just like in Lawrence v. Texas, they struck all sodomy laws, not just the law in Texas.  The fact is that Loving v. Virginia has been raised--again and again--in this case, and I suspect it's going to be controlling here.

    Seriously, the amount of perverse "wishful thinking" (that extends this fight out at least another 20 years) that goes on here is staggering to me.  I simply don't believe the Court is going to rule so narrowly here as to have not bothered to have ruled at all.

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