libertpaulian
Junior Chimp
Posts: 5,610
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« on: September 22, 2015, 09:52:08 PM » |
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On November 4, 2008, most of America was celebrating the election of the first Black President. However, there wasn't quite as much jubilation in California, Arizona, and Florida, as bans on marriage equality were successful in those states. Despite such bans passing in 3 states, California's ban got the most attention because it's supposed to be the most progressive non-New England state in the country and because it endured a 4-year court challenge. That challenge ended up going in equality's favor.
I always wondered what would have happened if Prop 8 did NOT pass.
Sure, the bans in Florida or Arizona could have been challenged, but therein lies a major difference: the California government refused to defend Prop 8 because it was (and still is) under Democratic rule. However, Arizona and Florida were both (and still are) under Republican rule. Two years ago, SCOTUS dismissed the Prop 8 challenge because they found the Christian organizations defending it didn't have standing. It left the trial court's original ruling (that Prop 8 is unconstitutional) in place. In a scenario where there's a challenge to the AZ or FL laws, the Republican governments would have defended the bans to the bitter end, meaning that SCOTUS would have had to rule on the merits somehow.
Thus, I pose a question to you: How do you think this all would have played out if Prop 8 failed on November 4, 2008? Would the gay rights political landscape look different? Would DADT still be good law? Would President Obama have endorsed equality? Hell, would there be nationwide marriage equality right now?
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