valley wrote:I believe SCOTUS has rules that states have a right to limit who can get married within their jursidiction. DOMA is constitutionally questionible, but I am not sure if anyone has ruled on it. So in theory, a state can recognize the relationships of same sex couples without changing any of the other rules. Or a state can get out of the marriage business altogether.
The folks who would contest the outcome in Prop 8 would have to pit the ban against the equal protection clause in the U.S. Constitution. Prop 8's passage amended the California
constitution after the California Supreme Court decided that a
statutory ban would violate equal protection under the state constitution. Amending the Constitution was the only way to democratically overrule the California Supreme Court as to what is and isn't constitutional in California. The only refuge left, absent another ballot initiative that changes this outcome, is to the federal courts. The 9th Circuit Court of Appeals could hold that the Prop 8 amendment violates the EPC of the U.S. Constitution. It wouldn't be surprising. If that makes review to the SCOTUS, and an Obama court has begun to take shape, it could become national precedent and swing open a door, much like Roe v. Wade, to a national right to homosexual marriage. The passage of Prop 8 could, in time, be the catalyst for what homosexuals actually want to happen --- a U.S. Supreme Court opinion that same-sex marriage is a right protected under the U.S. Constitution.
While I do not agree with these distinctions, "traits" or "preferences", if you will, such as incest and polygamy or any other sexual conduct are lumped into other categories for justifiably different treatment under the law. So, no, approving one does not open the door to approve others. Judges notoriously find preferred ways of distinguishing like things in order to get to the outcome they want. Happens every single day in every single court. It is the American way.
Human government bears the same relation to hell as the church bears to heaven. (David Lipscomb, On Civil Government, 72).