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hey dawson, what happens in this scenario re prop 8/gay marriage

Posted by compound ruler-elect pigby (aka chris) Nov 5 '08, 08:43

let's say obama gets 2, maybe even 3 appointments to the S.Ct. and they take a gay marriage case and rule the same way the California court did (a stretch i know, but hypothetically let's say they did)

if they hold that marriage is a fundamental federal constitutional right (which they already have) that cannot be denied based on sexual orientation, doesn't that render things like Prop 8 invalid?

like, you couldn't proposition or constitutionally-amend slavery back in or women's suffrage back out in a state (i don't think).

Responses:

You know that the President can add as many seats to the Supreme Court as he likes. FDR used that as a threat to club the Supremes into submission. -- nm - Mop Nov 5, 08:47 5
- [deleted]
- [deleted] 2
  - Me either...I think nine is a resonable number. -- nm - The Calico Cat Coalition Nov 5, 08:49
  - I don't see it as a gay marriage thing. Rather, if the Supreme Court becomes obstructive (as they did with FDR's first New Deal). -- nm - Mop Nov 5, 08:49
- is that why Diana Ross left them? -- nm - zork Nov 5, 08:48
[deleted] 5
- pack. that. court! -- nm - compound ruler-elect pigby Nov 5, 08:45 4
  - "In other news, the Congress approved Presiden Obama's two new Supreme Court justices, bring the total court to 11." -- nm - TWuG Nov 5, 08:46 3
    - That didn't work so well for FDR. - Will Hunting Nov 5, 08:48
    - In addition, pork spending skyrockets 300% -- nm - budice Nov 5, 08:47
    - [deleted]

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hey dawson, what happens in this scenario re prop 8/gay marriage

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