Supreme Court Bans Gay Marriage Proposition 8

Supreme Court Bans Gay Marriage Proposition 8

What the Justices are Considering

The Supreme Court heard arguments today regarding the overturning of California’s proposition 8, denying the right of marriage to same-sex couples.

According to observers, the Justices seem to be in a quandary.  Their biggest concern appears to be the overlying issue of state’s rights.  Swing vote Justice Anthony Kennedy raised concerns about the court entering “uncharted waters” on an issue that divides the states.

Kennedy even raised the issue of possibly dismissing the case.  It would be an extremely unusual move once the Court has agreed to allow an issue brought before them.  If it were to be dismissed, the issue would be remanded to the federal Appeals Court which has already struck down prop 8.

In a similar vein, Justice Samuel Alito also urged caution, noting that gay marriage as a concept is “newer than cellphones and the Internet.”

James Turnage

Columnist-The Guardian Express

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