USA: Tone of Chief Justice Roberts’ Questions Seem to Indicate Prop 8 Will Be Overturned

Written by scott on March 26th, 2013

Prop 8It’s still waaaay too early to tell, to be sure, but the tenor of Chief Justice Roberts’ questions on Prop 8 is encouraging. Towleroad.com reports:

Reuters breaking:

Tweet: “Developing: Roberts says California #prop8 case may not reach central issue of right to marry for gays…”

Tweet: “U.S. Chief Justice Roberts, midway into gay marriage arguments, raises doubts about California case”

Tweet: “Supreme Court Justice Kennedy: California gay marriage ban may hurt rights of gay couples children”

SCOTUSBLOG:

Tweet: “Breaking: 1st update- #prop8 unlikely to be upheld; either struck down or #scotus won’t decide case.”

Tweet: “Breaking: key vote Kennedy VERY uncomfortable striking down #prop8. Suggests dismissing case. Would leave in place 9th Cir pro-#ssm ruling.”

Tweet: “There are not 5 votes to strike down #prop8 and recognize equal right to #ssm at this time”

So it may very well be that Prop 8 is struck down by default, but that the lower court decision only applies to California. Half empty, or half full?

 

3 Comments so far ↓

  1. Michael Barber says:

    It will set a precedent from which all the other 40 states will have to endure in their own court systems. I would hope that since the case was decided at the 9th Federal District Court that the law would apply to the entire district.

  2. tjchase says:

    The Federal court needs to rule on it to benefit the nation. California would be the only state benefiting from the lower court ruling and it would be a travesty.

  3. Joe Giancola says:

    I sent an email to CJ Roberts last night suggesting to him that it is not about labels. Civil unions guarantee legal rights, but marriage guarantees legal rights and the status of “family.” There is a difference. Not just a difference in labels, a difference in status and how a family is perceived.

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