Quote:
Originally Posted by Greyson
I was talking to a friend last night about the Prop 8 ruling yesterday. This friend is a national activist for Same Sex Marriage and has been very active and written books about it. She told me that if this case does make it to the US Supreme Court whatever happens will be a very narrow ruling. She said this particular case coming out of California would not address same sex marriage through out the entire USA. Whatever ruling may come out of the US Supreme Court would be pertinent only to California.
I am not an attorney. I have never heard of such a thing if the US Supreme Court rules on a matter, I thought it becomes the "Law of the Land." Does anyone here have any knowledge of what I am asking about? Thanks.
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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.!