Gay marriage

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    Sep 04, 2014 2:19 AM GMT
    http://m.huffpost.com/us/entry/5760012

    I'm not a lawyer. But it seems like this is actually good news. Because if there is disagreement between different federal judges then the SCOTUS has to get involved. And they'll likely rule that gay marriage has to be allowed nationwide.
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    Sep 04, 2014 2:49 AM GMT
    Besides that I think the judge is missing a few marbles as noted in the Metta8 thread, same topic, would a case from this joker be appealed to the Supremes? Or first would it run through this process...

    http://en.wikipedia.org/wiki/United_States_District_Court_for_the_Eastern_District_of_Louisiana

    Appeals from the Eastern District of Louisiana are taken to the United States Court of Appeals for the Fifth Circuit
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    Sep 04, 2014 3:04 AM GMT
    Well if the there are conflicting rulings from different circuits it's pretty much automatic that it goes to SCOTUS.

    And the worst that could happen is they punt and say leave it up to the States. There's no way Kennedy would vote to restrict gay rights at this point. Best case scenario he votes with the 4 liberal justices to make gay marriage a nationwide reality.
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    Sep 04, 2014 12:47 PM GMT
    Wyndahoi saidWell if the there are conflicting rulings from different circuits it's pretty much automatic that it goes to SCOTUS.

    And the worst that could happen is they punt and say leave it up to the States. There's no way Kennedy would vote to restrict gay rights at this point. Best case scenario he votes with the 4 liberal justices to make gay marriage a nationwide reality.

    Agreed. Where there is a disagreement among the circuit courts on a major issue like this, this Supremes will have to resolve it.
    The court seems to be headed in our favor - see the California case. But don't expect anything TOO dramatic from Kennedy. I expect him to vote to affirm gay marriage rights but without a holding that the suspect class/strict scrutiny test applies across the board to sexual orientation.
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    Sep 04, 2014 2:10 PM GMT
    Per my above-posted layman's speculation...

    http://www.nytimes.com/2014/09/04/us/louisiana-gay-marriage-ban-upheld-by-federal-judge.html?_r=0
    That this ruling ran counter to a wave of other federal decisions across the country in recent months was immediately noted by opponents of the ban.

    “We always anticipated that it would be a difficult challenge,” said J. Dalton Courson, a lawyer for the plaintiffs, adding that the ruling would be appealed to the United States Court of Appeals for the Fifth Circuit. “We certainly are disappointed, considering the string of rulings in favor of same-sex marriage.”