Supremes and Gay Marriage...

So what if the Supremes come out singing against gay marriage?

Will it be like Pot? Just states don't follow federal law and no one does anything, just no federal rights?

Scalia? this morning said something like if you can't make a moral judgement on Gay Marriage can you about Murder (which is not specifically prohibited under the Constitution).

I have said all along that the solution to the Gay Marriage issue was to separate Gov from Marriage and give all people equal rights regardless of who they love, let folks marry in their churches or living rooms and wear whatever badge they want. I have no issues with gay folks getting married or going on a hike or whatever, but for their sake in the long run, and for the sake of those that want plural marriage, I hope they find it illegal so that we can start a good fight of getting them right out of the relationship all together, straight, gay or group.

I think DOMA is dead... I think Prop-8 in California will be overturned...(The same way Colorado's Amendment-2 was overturned in the early-90's). Will they use the opportunity to overturn the whole thing--(like Loving v. Virginia)? Personally, I hope so...It's going to happen sooner or later. They can be on the right side of history and do it now, or they can continue to try impose their conservative judicial-activism on it...But sooner or later, it's going to go the same way as Prohibition, and Misogyny laws.

I hope DOMA is overturned. Gays should have every right that straights have in my opinion and besides that we have bigger fish to fry. Most of the gays I personally know go to work every day, pay their taxes, do everything that other folks do. They should not be excluded from any of the rights and benefits straight married couples have.

The whole argument is a ridiculous waste of time and money. Live and let live.

I think there are enough libertarians on the court to overturn DOMA and individual state mandates. There is a long tradition in America of honoring the contracts made in other states. If you were married in a state where they let you marry at 12, the marriage would still be legal in Colorado which has a higher minimum.

Getting goverment out of the marriage business? I don't think it will happen. Goverment tends to gain more powers, not lose them, but the multiple partner marriages? I do see that advancing in the next 10 years. There just is no logical reason that marriage should only be legal between two people.

There is a historical precedence for polyandry, and is legal in many other countries. Would a immigrant with two husbands be forced to divorce one upon becoming a US citizen?

Do you think that Gay Marriage is safe over time, simply by having it ruled for at this time, in this way.

Folks seem to constantly feel that Roe vs. Wade can be overturned (not bring up abortion, but a big example of something that seems decided that folks like to battle against and could conceivably win some day).

Perhaps part of me hopes you are right and that it is sustainable, but it still leaves all subtle rights in the hands of the govt in the future. It also allows some citizens, even gay ones, to have rights that others don't, in purchasing, taxes, etc. One of my goals is equal rights and treatment under the law.

If we could get govt out of marriage, then the gays would have the weight of the straights, in stead of the convinced support, to keep the govt off their backs. If marriage is taken away from govt and then they come to take it back, they have to not only take it back from Gay folks, but from all folks.

But you are a realist and when it comes to trying to make change I am more of an idealist.

I do find it interesting that such an argument can be brought up. He is saying that in such a decision, they actually have to make a decicision about what is acceptable and not acceptable for govt to regulate on the moral front.

It is not likely, but the results of such a thing, that if the govt can't disallow Gay Marriage on a moral ground, the govt can loose it's right to regulate other things on moral grounds. An extreme example would be Murder, like he said or Rape, or Incest, etc. Once at this level, this case has the ability to crack the system open to see how what it actually stands on. Sometimes we find that we have been standing on something simply because our parents did, even though nothing is holding it up.

FredHayek wrote: I think there are enough libertarians on the court to overturn DOMA and individual state mandates. There is a long tradition in America of honoring the contracts made in other states. If you were married in a state where they let you marry at 12, the marriage would still be legal in Colorado which has a higher minimum.

Getting goverment out of the marriage business? I don't think it will happen. Goverment tends to gain more powers, not lose them, but the multiple partner marriages? I do see that advancing in the next 10 years. There just is no logical reason that marriage should only be legal between two people.

There is a historical precedence for polyandry, and is legal in many other countries. Would a immigrant with two husbands be forced to divorce one upon becoming a US citizen?

One can not have their formal relationship recognized. I often use the limit to answer such questions, like Scalia in mentioning murder. If a 30 year old guy was married to a 10 year old girl in another country and this did not violate some int. treaty, would that be allowed here.

Side note:

I saw a bit of home alone yesterday, once they got to where ever they were going and left the kid alone at home, they called the police. I have seen this movie a number of times over the decades. This was the first time that it occurred to me, the police is the last place you would call today if such a thing actually happened, right? You would be treated worse than the guys breaking into your house. The times can change quickly, without even much of a change in the law.

Homosexual marriage and gays in the military are two of the fastest changes I have seen in US culture ever. Anti-smoking is another one.
Prop 8 in California wasn't that long ago, DOMA wasn't that much longer ago than that.
Could this trend be reversed? It could, but I am more inclined to think it would be set in stone like Roe V. Wade. Once homosexual marriage passes, people will soon see it doesn't really affect them all that much.
Plus if you look at Europe and America, marriage is really becoming increasingly unimportant. People are more likely to be living alone, or living together unmarried.

...sure we will let the gays marry, since no one is really doing it anymore anyway...