Lawyers may move to recover Prop. 8 court costs

  • metta

    Posts: 39165

    Aug 19, 2010 4:48 PM GMT


    Lawyers may move to recover Prop. 8 court costs

    http://www.thecalifornian.com/article/20100818/NEWS06/100818019/1002/rss

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    Aug 19, 2010 10:24 PM GMT
    Sweet...
  • cmdrkoenig67

    Posts: 163

    Aug 19, 2010 10:35 PM GMT
    I know nothing of law (and please forgive me, if this is a really dumb question), but could gay folks who wish to have the right to marry band together and file a discrimination suit against the US govt (for violating their constitutional rights)?
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    Aug 19, 2010 10:47 PM GMT
    cmdrkoenig67 saidI know nothing of law (and please forgive me, if this is a really dumb question), but could gay folks who wish to have the right to marry band together and file a discrimination suit against the US govt (for violating their constitutional rights)?


    Very short answer:

    Not at this point -- the case pending in the Ninth Circuit Court of Appeals to appeal (Judge Walker's) decision to overturn prop 8 would likely need to get past the Supreme Court favourably, to establish a national mandate for same sex marriage.

    And most likely, I think courts would look at state and federal cases of discrimination against SSM going from that point forward, and not so much so for previous cases.

    I think a SCOTUS decision for SSM would have significant fallout in many other areas of discrimination as well.