After the MA Supreme Judicial Court ruled that banning gay marriage was in violation of the state constitution, Gay marriage opponents failed to pass an amendment through the legislature.
I believe that the US Supreme Court will have to eventually rule on this issue. Usually you can allow states to do what they want to do in some cases. However this is a unique situation because you have states pitted against each other then the federal government gets involved. Although that too is a problem because the federal government usually does not get involved with family law. Needless to say there are a number of constitutional rights that have to be considered. Another part that sometimes gets overlooked is the right of the state verses the right of individuals.
3 comments:
I agree that this most likely will(and should) have a final ruling in the supreme court. You did not share what you hope or expect the outcome of that ruling to be.
My hope is that the Supreme Court would rule against gay marriage. The reason I say that is because I believe that marriage is a right of the state and not the individual to protect society.
Now with that being said there are a number of legal issues that need to be hashed for practical purposes.
I honestly dont know how the court will rule because there are so many state and federal laws and the constitution as well that potentially apply to this situation.
I think that while the opponents of gay marriage were not happy with the result they do respect the process that this amendment went through.
Actually I did mention it and it was at the district level not the appeals court. You will find it if you read further down the blog. I believe that this ruling will be struck down by SCOTUS. SCOTUS refused this case last year on a procedural motion because the plaintiff filed the brief under false pretenses. The use of "God" in the public square is considered a secular purpose.
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