December 7, 2012 - 1:01 pm
What will SCOTUS do with an institution that predates the Constitution by several thousand years? Got me.
The Supreme Court announced on Friday that it would enter the national debate over same-sex marriage, agreeing to hear a pair of cases challenging state and federal laws that define marriage to include only unions of a man and a woman.
One of the cases, from California, could establish or reject a constitutional right to same-sex marriage. Another case, from New York, challenges a federal law that requires the federal government to deny benefits to gay and lesbian couples married in states that allow such unions.
Our robed oligarchy is expected to issue rulings by spring.
Remind me again who is the Chief Justice of SCOTUS …
we’re F’ed. Bend over. Adios, America.
– have another seizure.
The really interesting aspect of the writs of Certiorari are the additional arguments required of the arguers.
In the DOMA case, they’re requiring arguments on whether, thanks to the Executive agreeing that DOMA is unconstitutional, the SCOTUS itself has jurisdiction, and whether the defendent group appointed by Congress has standing to argue the case. If either question comes up “no”, DOMA goes into some sort of legal limbo, and I have no idea what the eventual result would be.