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U.S. Supreme Court case Hollingsworth v. Perry
12 years ago
General
After reading the whole transcript of today's opening statements...the case fascinates me. There's much potential within the case for great political change...however, neither side seems to have a clear, concrete argument in regards to the effects on the case outside of Cali, least from what I can tell. I don't know, I'm not a lawyer, but they made enough sense in their statements.
Below is what I could gather on it, I won't speak to the accuracy of what I'm writing, again, I'm not a lawyer. You could get more accurate information reading the transcript yourself.
From what I can tell, the supporters of Proposition 8 ( California's constitutional ban on same-sex marriage ) argue to the interest in preserving marriage as a man-woman union for the purpose of regulating procreation. In addition, the case was made that the issue should remain a state by state basis.
Those opposed argue civil rights and violation of the 14th Amendment. That this is not something that can wait, as it negatively affects a minority every day no action is taken on the federal level.
However, the case gets interesting because the defendants are a private group defending the law because the state of California won't. The court seems to be scratching their heads a bit over what to do in regards to the case, and if it even has business going outside of Cali, seeing as the highest court in that state ruled Prop 8 unconstitutional.
Whatever the court decides, it could have drastic consequences. Could set the gay rights movement back dramatically, could strike Prop 8 as totally unconstitutional, re-opening same sex marriage in California, or it could go so far as to affect every state in the nation.
Ruling is projected to be made in June...and with a case regarding DOMA having it's opening arguments tomorrow...these are interesting times.
Below is what I could gather on it, I won't speak to the accuracy of what I'm writing, again, I'm not a lawyer. You could get more accurate information reading the transcript yourself.
From what I can tell, the supporters of Proposition 8 ( California's constitutional ban on same-sex marriage ) argue to the interest in preserving marriage as a man-woman union for the purpose of regulating procreation. In addition, the case was made that the issue should remain a state by state basis.
Those opposed argue civil rights and violation of the 14th Amendment. That this is not something that can wait, as it negatively affects a minority every day no action is taken on the federal level.
However, the case gets interesting because the defendants are a private group defending the law because the state of California won't. The court seems to be scratching their heads a bit over what to do in regards to the case, and if it even has business going outside of Cali, seeing as the highest court in that state ruled Prop 8 unconstitutional.
Whatever the court decides, it could have drastic consequences. Could set the gay rights movement back dramatically, could strike Prop 8 as totally unconstitutional, re-opening same sex marriage in California, or it could go so far as to affect every state in the nation.
Ruling is projected to be made in June...and with a case regarding DOMA having it's opening arguments tomorrow...these are interesting times.
The Argument against gay marriage: God says it's icky.