By this time next week, we may know the fate of DOMA and Prop 8 in California. I’ve been reading speculation about which ways the court could rule and what it could mean. The wait is killing me!
In my Monday paper, the headline read, “Top court could avoid a marriage firestorm.” In that article regarding Prop 8, the speculation is that the justices could find that the defendants did not have standing, thus allowing the lower court ruling to stand or maybe even allowing only the plaintiff’s to marry. Most of what I have read agrees that there will not be a wide-spread ruling finding that Prop 8 violated the constitutional right to equal protection, striking down all the anti-gay marriage laws across the country.
As for DOMA, that suit was only filed over one clause and so it could be that that clause is stuck down and the rest of DOMA stand. In today’s paper, “Sen. Kirsten Gillibrand, D-N.Y., said Tuesday that if the Supreme Court rules in favor of gay and lesbian plaintiffs …, Congress needs to repeal the 1996 law because states could still refuse to recognize same-sex marriages from other states.”
It also said that David Boies, a lead attorney in the Prop 8 case plans to file similar cases in other states where same-sex marriage is illegal.
No matter what decision the Supreme Court hands down, this battle will continue and I will continue my part of the fight.
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