Right?

[howeird]

In the United States, there is no Constitutional right to marry. Not for anyone.

Comments

[iamradar.livejournal.com]

As far as Prop 8 goes, no matter if it's "yes" or "no", I think it's going to wind up going to the courts.

[iamradar.livejournal.com]

I'm not talking about it going to the courts as far as the legislation goes, I'm talking about it going there due to the civil rights issues inherent in banning gay marriage. "Separate but equal" is an archaic and outdated notion, and has legal precident for being struck down.

[howeird]

There will be court cases from at least two angles:
- It's a licensing issue. The state issued licenses to thousands of people who are now not qualified to be licensed. Do those licenses get revoked or grandfathered?

- Equal treatment under the law - this is a US Supreme Court case.

And there are two ways Prop 8 can be reversed:
- Hold an election next year voting to re-amend the state constitution.
- Push for an amendment to the US Constitution giving the Federal government the responsibility for government sanctioning of marriages.

[howeird]

The US Constitution gives the Supreme Court the oversight of state constitutions, in theory anything in a state constitution can be challenged in the US Supreme Court.

[yourbob.livejournal.com]

Only insofar as it is in conflict with the Federal Constitution. All other powers are devolved to the States (I think I've heard that somewhere....)