Discussion: Same-Sex Marriage Is Probably Headed To The Supreme Court

It all comes down to Anthony Kennedy, and for him to uphold the decision of the 6th circuit court would mean invalidating thousands, probably tens of thousands, and possibly hundreds of thousands of marriages, many of which have been in place for years.

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This election has unleashed hell on earth. Look at the agenda we have in store for us. Inhoff will defund the EPA thus killing it. And us because the corporations will pollute with impunity and after they take our health care away some hedge fund can swoop in and take your home because you got sick and went bankrupt with no health insurance. I hope the seniors and future ones were not too attached to your SS and Medicare. Wall Street wants your SS and we will have vouchers for our old age. Thanks for doing this to us to those of you who could not be bothered to turn up at the polls. Mitch McConnell will do whatever he can to push the President to give them their agenda. They almost killed us less than 6 years ago and now they can finish the job. You voted in the very people who donā€™t care. They only wanted power and you gave it to them willingly to harm us.

No one should have the right to impose their beliefs onto another and deny them the benefits of society because they donā€™t approve of whom they choose to spend their lives with or their home if they are consenting adults of sound mind.

It is an outrageous overreach of govt.

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Itā€™s notable that this chickenshit ruling doesnā€™t really engage Judge Posnerā€™s arguments in Baskin ā€“ although the dissent does. I assume thatā€™s because Posnerā€™s argument is just too carefully constructed. And because itā€™s fundamentally correct.

Their evasion of Baskin reveals the cowardice and vacuity of the majority on this panel. If they had any courage, any confidence, they would engage and refute Posnerā€™s opinion ā€” not elide it.

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The rapid retreat to the 1950s began earlier than expected after the disappointing results of our national IQ test on Tuesday,

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Time for Anthony Kennedy to stand up and act like a Mensch

The conservative right wing, Koch brothers and others in ALEC have been working for decades to fill the judiciary with conservatives. I am frankly surprised that this hasnā€™t happened more often.

Personally I would think that those gays who want to marry and live in peace should pack up and move to those states that donā€™t persecute them.

Financial impact by boycotting and migration from oppressive states may be the only way to get the attention of more people.

I think you missed Loving v. Virginia.

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Number 5 on the list.

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In their infinite wisdom, how wondrous that these judges have found room in the social contract for equality to be defined by a mob of thoughtless bigotsā€¦just as the Bible and Juuuā€“eeeeeeā€“zusā€™ intended.
To be honest, though, the two cons did hold up the essential core principle of contemporary conservatism___to be a foolish and hateful asshole.

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Oregon is looking mighty good to me these days.

Precisely. Witness the 2nd Amendment phrase ā€œwell-regulated militiaā€ which is absolutely ignored by gun nuts and Fox News. Guess they hate that part of the Constitution which speaks volumes about their fake patriotism.

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None of the four cases will be heard by en banc court. They will take it directly to the Supreme Court. It will either be a 5-4 or 6-3 decision. (Roberts might be another swing vote here.)

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Will there be an en banc appeal?

Not with Ginsburgh still kicking, no. Thereā€™s no time to waste here.

What the hell was that fusillade of bile about, and are you directing it at Justice Ginsberg?

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Why?

An en banc that overturns the wing-nut weighted 3 judge panel would strike down more bans, and set-up an even heavier fate-acompli if the SCOTUS ever does take an appeal.

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Well, itā€™s off to the Supreme Court, Chief Justice John Roberts, presiding. He already threw the left a bone by not overturning Obamacare. With that decision, he created enough political space for himself to not have to throw another bone on this issue.

Here is to looking forward to the Supreme Courtā€™s ruling on this case.

I have often wondered if he thinks Loving vs VA is constitutional since he is a Originalist. Would he vote to invalidate his own marriage?

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And the Ohio Defendant-Appellant of standing is that new Director of the Department of Health Rick Hodges-you know the guy who Kasich first appointed job as the Director of the Ohio Turnpike. Versatile guy Hodgesā€¦no doctor, of course, but he can be a bedroom monitor.