Home GLBT Will Appealing Prop 8 to Supreme Court Kill Virginia’s “Marriage Amendment?”

Will Appealing Prop 8 to Supreme Court Kill Virginia’s “Marriage Amendment?”

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Should all of us who oppose the Marshall-Newman amendment, which outlaws gay marriage in Virginia, be rooting for opponents of California’s Prop 8 to appeal to the Supreme Court?  According to evangelical opponents of gay marriage, yes we should!

Last week, the case for signing over California to the Prince of Darkness was made on American Family Radio by David Barton, a Christian activist who served as vice-chairman of the Texas Republican Party from 1998 to 2006. “Right now, the damage is limited to California only,” Barton noted. But he feared that Supreme Court Justice Anthony Kennedy, the swing vote in an appeal, “will go for California, which means that all 31 states [that have banned gay marriage] will go down in flames.”

Ah, flames…warm, toasty flames! Ha.  Seriously, though, if Barton’s right that “the odds are 999 out of 1000 that [the Supreme Court will] uphold the California decision [striking down Proposition 8],” then I’m all for it going to the Supreme Court. The question is, are those really the odds?  That’s what I’m not so sure about, but ultimately, it might be a risk worth taking to get rid of Marshall-Newman and its fellow “hate amendments” in states across America.

  • blue bronc

    I have espoused that the Justices would support the knockdown of Prop8, mainly for reasons that the current court mainly supports corporations and strict followers of British common law (pre-Constitution)and are not that interested in social issues.

     During the last week I have been considering the ego v. ideology concept for upholding the Perry decision. Alone this would not be enough for Alito and Scalia to do good and keep the decision. But, I think they combine the strict interpretations along with acknowledging the Amendments of change to look at where they will rest in 10 or 20 years.

    I am trying to think of decisions in which various Justices have voted out of their normal pattern indicating a peek at the future rather than sticking with their ideology.  Kennedy has probably the best record here, which is good.  He should be able to do it once again.  

    Going back in time only a few years to Brown, it is important that Marshall was able to bring a 9-0 decision.  Again, that peek at history probably helped more than one of the Justices to do good.

    But, which case gets to the SCoUS first?  The Perry case may not be the first. It will be interesting to watch cases that may pop up from the 5th and 11th. I can see an adoption case coming up there which might cause the Justices to look less favorably at Perry.

    So, right now is the guessing game of whether or not Perry makes it all the way to the top.

  • K in VA

    First we have to win with the Supremes … a very uncertain prospect at this point.

    But, even if we did, you can bet your boots that Cookie Kenny and Taliban Bob and other extreme Christianists will be blocking the court house door to prevent anybody from buying marriage licenses!

    Someday, marriage equality will come to Virginia. But, like damned near everything else having to do with civil rights, Virginia will be one of the very last states.

  • blue bronc

    The 9th is going to look at whether the Prop8 people have standing to appeal Perry. LA Times