[Corkey]

Originally Posted by AtLast

In order for same-sex marriage to become the "law of the land" it has to pass the meaning of "supreme law" (Magna Carta) based upon due process. A SC ruling on the Prop 8 case would only apply to the proposition as it applies to the state constitution in CA becuase it was written as only applying to CA.

Both the proposition itself and rulings thus far just don't pass the federal due process test to be considered "supreme law" (law of the land). A key piece in getting a federal due process ruling establishing same-sex marriage as constitutional would be states all having to recognize and uphold these marriages from all other states, for example.

The best way to make same-sex marriage the "law of the land" would be via a federal constitutional amendment- which is exactly how opponents want to stop it! Actually amending the constutution to include specific gender language concerning marriage!

There has to be a case certed and decided by the SC that actually points to or applies to the federal constitutional definition of marriage in order for a law of the land decision. And with the conservative majority of our SC, this could go either way. Frankly, I would much rather have even this decision remain outside of the SC at this point in time.

There are several ways legal scholars look at this in terms of constitionality at the federal level. Some only feel that an actual amendment to the constitution clearlt stating that women and women and men and men can marry will do the trick. Then, there is even some more discussion on applications for transgendered people too because of state by state legality on just birth certificate changes.

I really wish we had the Canadian option here- deemed national law and that's it.!

This is precisely why DOMA has to be repealed. Only if it were to to be brought to the SCOTUS would it then be the "law of the land" because it is a federal action. Congress has to be the area of intent to overturn DOMA.