Supreme Court decides to review Prop 8, DOMA

[Brittain33]

I have a hard time believing Kennedy would vote for a nationwide result in the Prop 8 case, so I don't consider it good news they took it, although I suppose they could eventually rule on procedural grounds. I'm pretty confident that Sec. 3 of DOMA is DOA.

[Brittain33]

Surprised they took both cases. Anyway there could be a split decision? Prop 8 is struck down put DOMA stands? Or vice versa?

Absolutely. It seems most likely they strike down DOMA but decline to strike down Prop 8. It's consistent with a (social) conservative states' rights position--if a state allows gays to marry, the precedent is that the feds recognize it, but if 50%+1 of voters in the state don't want it, tough luck for the homos.

[Brittain33]

The thing about Prop 8 is that marriage equality groups will put a pro-SSM initiative on the CA ballot in 2016 and win, so this is wrapping up sooner or later.