Sunday, December 09, 2012

Prediction: What will the constitutional arguments be that win the same gender marriage cases at the SCOTUS? (Bonus: check out the history of the two lawyers advocating for gay marriage).

http://www.huffingtonpost.com/2012/12/07/supreme-court-gay-marriage_n_2218441.html

20 comments:

Zach Matusinec said...

The argument that the constitution does not say anything about gay marriage will win the cases for same sex marriage. The main obstacle of gay marriage is religion. But, if there truly is a separation of church and state, gay marriage should be constitutional.

Natalie Sobierajski said...

Since different states have accepted and given same-sex couples the same rights as hetrosexual couples. without calling it "marriage" -example Vermont, I think California will do the same. California is also a liberal state. Even though about 30 states have some type of ban on gay marriage, I feel like California will surprise many people.

Jared Lederman said...

I believe that California's ban will be lifted, and the arguement they will use will be from preposition 8 from congress stating that the U.S. Constitution's guarantee of equal protection means that the right to marriage cannot be limited to heterosexuals.I believe after the ban is lifted, other states will follow in the same footsteps.

Brittany Korich said...

I believe that the ban will be lifed and they will use Proposition 8 to help defend gay marriage because earlier the Supreme Court ruled that gay Californias could marry. Therefor this ban is shutting down gay Californias right to marry. Also i think they will use the fact many different states have given gays the right to marry without calling it marriage. All in all i believe that if straight people can marry in any state and have it be legal in any state gays should have the same right because everyone should be treated equal before the law.

Tony M. said...

Gay marriage is not mentioned anywhere in the constitution. This will be a main argument that will win the same gender marriage cases at the SCOTUS. Most people don't want gay marriage due to their beliefs, but there is a separation of church and state.

brody kraussel said...

There is no pint in the constitution stating anything about gay marriage, this will be the main argument in the debate at the SCOTUS. Swaying the view on if this law will be passed or not.

PatrickW said...

The Supreme Court will uphold the Appeals Court decision. Gay marriage is a matter of civil rights and will eventually be allowed for anyone that wishes to do so. There is no spot in the Constitution that says gay marriage is illegal.

Mike O said...

Since the Constitution does not say anything about gay marriage, I believe that the ban on California will be lifted. Proposition 8 will be used to support gay marriage.

Kyle Johnson-Evers said...

The constitution does not say anything about gay marriage and there will be no arguement against it because religeon should not be apart of it because of seperation of church and state. Also, many people of religeon are not agaisnt same sex marriage anyway. There will be no bans on it and states will gradually start accepting it and making it legal until it is accepted accross the country. I beleive that decades in the future we will look back on this issue like we do on slavery and wonder how we could think banning it would be the right thing.

Garrett LeGros said...

in the constitution there is no mention of gay marriage. the focus of the arguments at the SCOTUS will be over the topic of same sex marriage. because this has to do with religion i believe the church and the state should be separated.

Hannah G. said...

I believe that the ban on Gay marriage will be lifted in California, because it is not mentioned anywhere in the constitution. I think that most people don't want gay marriage due to their beliefs, but there is a separation of church and state and i think people need to remember that. In short California being the liberal state that it is, I think it will surprise some people.

Jack P. said...

I suspect that the supreme court will over turn California's prop 8 under the rule of unconstitutional however not extend this ruling to the rest of the country just yet because the supreme court doesn't want to get ahead of themselves due to this issue is not a "hot" topic in 40 states.

Noah Rusch said...

The Supreme Court will overturn Proposition 8. As California already passed a law allowing gay marriage, and the Appeals court already decided that they could not pass a law allowing and then denying, the SCOTUS will rule Proposition 8 unconstitutional. Nowhere in the constitution does it specify that marriage must be between a man and a woman.

zach mattson said...

I believe the issue in california will be lifted due to the fact that it doesn't mention anything about homosexual marriage being different then marriage between a man and a woman. Therefore I don't believe the supreme court could rule it as unconstitutional.

Nadia Tabbal said...

I believe the ban will be lifted and Proposition 8 will be used to defend gay marriage. If there's a separation between church and state then gay marriage should be constitutional. California may surprise us.

Nick Berry said...

SCOTUS will have to refer to the amendment of freedom of religion. The lawyers of both sides will have to use their persuasion to offer up possible interpretations of the law. The lawyers will have to point out clear reasons why certain states have or have not advocated the law already.

Josh DeGrave said...

I believe that the ban in California will be lifted. The Supreme Court can't rule gay marriage unconstitutional if it is not even mentioned in the constitution. The arguments used to win will be on the Defense of Marriage Act and on California's Proposition 8. If the ban is lifted, more of the 38 states with laws or constitutional amendments banning same-sex marriage will change their position on same-sex marriage.

Matt Gilson said...

i think they will leave it to the states because it could be interpreted as symbolic speech and then it is not libel or slandrouse but depending on local standereds it could be seen as obscenity

Matt Gilson said...

i think they will leave it to the states because it could be interpreted as symbolic speech and then it is not libel or slandrouse but depending on local standereds it could be seen as obscenity

Brandon Krawczyk said...

I think that the main constititional question will be is it constitutional for the government of the united states to deny the right of marriage to someone. The right to be married is one of those inherient rights under the privacy clause rights. the SCOTUS must decide if it is legal and constitituional to deny these rights to people on them grounds that soceity as a whole maybe genrally opposed and/or offended by the act. they must decide wether the act of having a same sex marriage violates the community standqards of the obcenity.