Same sex marriage ban overturned in Florida
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  Same sex marriage ban overturned in Florida
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Author Topic: Same sex marriage ban overturned in Florida  (Read 1121 times)
Flake
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Junior Chimp
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« on: August 21, 2014, 07:37:44 PM »

http://www.csmonitor.com/USA/Justice/2014/0821/Florida-s-gay-marriage-ban-is-latest-one-to-be-struck-down-by-a-federal-judge

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Glorious news!
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Simfan34
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« Reply #1 on: August 22, 2014, 07:30:35 AM »

They're states that still have those?
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Person Man
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« Reply #2 on: August 22, 2014, 09:11:18 AM »
« Edited: August 22, 2014, 09:22:47 AM by MooMooMoo »

At this point, SSM is going to SCOTUS, where Kennedy will be the deciding vote to legalize gay marriage nationwide. If SSM loses, SCOTUS will have a hard time explaining how the freedom of marriage doesn't incorporate to states given their past rulings and the unanimous or near-unanimous rulings below them. If I were them, I would just not hear it unless an appellate court rules against SSM.

Plus, ruling against SSM would be risky. It could give the Republicans room to say "I told you so" and might might make "independents and squishy Republicans" rethink their new-found support for SSM and reinvigorate the Religious Right and make 2016 that much easier for Republicans. Last but not least, it might make marriage equality take years, if not decades, or even ever to be accepted everywhere.

On the other hand, despite the superficial and legalistic differences between the cases, many people will think the court is just jerking off and that could allow for public opinion to further solidify around gay marriages. Such a ruling could help in 2016 in socially moderate and progressive states where Democrats are having trouble organizing. I think Florida, Colorado, Nevada, Virginia and Ohio could have SSM on the ballot to help Hillary.  
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Grumpier Than Uncle Joe
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« Reply #3 on: August 22, 2014, 09:48:29 AM »


I hate to admit it but I thought the same thing.
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World politics is up Schmitt creek
Nathan
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« Reply #4 on: August 22, 2014, 04:13:49 PM »

Nevada is now the only Obama 2012 state without at least a stayed ruling for SSM.
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Atlas Has Shrugged
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« Reply #5 on: August 22, 2014, 04:24:11 PM »

Great news!
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shua
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« Reply #6 on: August 22, 2014, 08:08:29 PM »


death certificates?
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Likely Voter
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« Reply #7 on: August 22, 2014, 09:03:32 PM »

Still betting that the TX case DeLeon v Perry will be the first case where a federal appeals court rules in favor of SSM, but that case hasn't even heard arguments yet. After that it will go to SCOTUS, where I bet even Roberts joins to make it 6-3. I don't think he would want this to be another 5-4 thing.
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jfern
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« Reply #8 on: August 23, 2014, 12:29:32 AM »

Still betting that the TX case DeLeon v Perry will be the first case where a federal appeals court rules in favor of SSM, but that case hasn't even heard arguments yet. After that it will go to SCOTUS, where I bet even Roberts joins to make it 6-3. I don't think he would want this to be another 5-4 thing.

Roberts will probably leap at the chance legalize SSM so that people will forget how far right this court is.
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user12345
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« Reply #9 on: August 23, 2014, 09:01:15 AM »

Pam Bondi is not impressed.
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they don't love you like i love you
BRTD
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« Reply #10 on: August 23, 2014, 10:55:53 AM »


OMG, your avatar! Best avatar ever!
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Joe Republic
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« Reply #11 on: August 23, 2014, 10:58:39 AM »

Calm down, Zachary.  You'll scare the newbie.
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politicallefty
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« Reply #12 on: August 23, 2014, 11:57:22 AM »

Nevada is now the only Obama 2012 state without at least a stayed ruling for SSM.

That ban is not going to hold for much longer. The Ninth Circuit is now viewing the issue under heightened scrutiny. However, they're now asking standing questions, as Nevada is no longer defending its own ban. If that argument is accepted, I wouldn't rule out a summary reversal that would effectively strike down Nevada's ban before the end of the year. (The Idaho case would be subject to normal procedure.)

As for the Florida case, the odds really aren't good for the state at the appellate level. The Eleventh Circuit will soon have an 8-3 Democratic-appointed majority.

Of course, I think a lot of this is pretty much moot. I'm expecting SCOTUS to take up the case this term and make a final ruling sometime next year. They're effectively sitting on petitions from from the Fourth and Tenth Circuits. Unless those judgements are soon allowed to go into effect, I think it's fairly safe to say that the Court is taking the issue into serious consideration.
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Blue3
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« Reply #13 on: August 23, 2014, 04:19:41 PM »

Nevada is now the only Obama 2012 state without at least a stayed ruling for SSM.
Are rulings expected soon in Indiana, North Carolina, and Nebraska?
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Nathan
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« Reply #14 on: August 23, 2014, 05:46:06 PM »

Nevada is now the only Obama 2012 state without at least a stayed ruling for SSM.
Are rulings expected soon in Indiana, North Carolina, and Nebraska?

Indiana has a stayed ruling. Not sure about the others, although I know North Carolina is in the same appellate circuit as Virginia.
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