I will wait and see if the Supremes take it before I comment on the merits. I wouldn't rule anything out before it decides cert. Remember, the law of the land up until a few years ago was DOMA. So if the circuits agree or not is in part meaningless.
Guido...
The circuits agree BECAUSE of the DOMA decision. In the past 2-3 years there has been no change in Court personnel. What, pray tell, would change.
You've sniped in this thread since day one. Lay out your logical argument. I will start with the basics:
- Marriage is a fundamental right (Loving v. Virginia)
- the government must have a compelling interest reasonably related to restrictions on fundamental rights, and apply that interest in the least restrictive means possible
- Religion, tradition, and social bias are not justification for denial of rights, let alone fundamental rights (Lawrence v Texas)
- Fundamental rights apply to the states (14th Amendment)
So... Lay out your argument. I've never seen you do so.
Will you go with States Rights (decided by civil war and the civil rights movement).
Maybe the procreation argument (decided by the fact that if gay get married, they still won't procreate and straight people still could).
Maybe the off beloved bastion of failed logic... The slippery slope. Surely granting rights to cokpetent US Citizens will soon mean children and animals can get married! (For example, now that black people can stay in white only hotels, now horses think they can too!)
Lay out your argument, or admit we are just blowing money we don't have on a political stunt.
