Saturday, December 8, 2012

Supreme Court to Hear DOMA/Prop 8 Case

Just a bit of an update on that.  One of my hobbies is constitutional law, and I wanted to give a brief analysis on the upcoming case.  Basically it's looking rather good for striking down DOMA as it stand right now considering Justice Kennedy was the swing vote in Lawrence v. Texas, but it's not so clear what the ruling will actually bring.  They have an opportunity to bring a rather wide interpretation to the DOMA case which I see as the least likely thing to happen because of a few factors.  One being that Justice Roberts would probably also swing in favor of striking down DOMA as it stands because he would be able to assign who writes the decision of the court.  Which would result in a 6-3 ruling, and he would probably go for the interpretation that government can't discriminate, but as it currently stand he'll probably leave it up for the state to decide.  There's also a off chance that he might just make a wide interpretation allowing the marriage equality on a national level, simply because the supreme court doesn't like hearing the same case twice, and it  will come up again if the likely outcome of the case would happen.

1 comment:

Paola Castellon said...

Glad to see how much progress equality has made, and how so many are so motivated to keep on the fight!