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Poll: Large majority in US believe equal marriage should be decided on state level

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  1. That There Other David 7 Jun 2013, 2:56pm

    All the Supreme Court needs to do is decide whether constitutional bans against same-sex marriages are driven by animus and therefore against the US Federal Constitution. If they rule for that it means that the states still decide for themselves, but it means that those states that now wish to proceed with equalising marriage aren’t blocked by the last death-throes of reactionary politicians from a decade or more ago.

    1. bobbleobble 7 Jun 2013, 3:03pm

      They almost certainly won’t go that far. The four liberal justices might write a dissenting opinion which does give a much broader ruling but they’d never get Kennedy or Roberts to join them. I suspect there’ll be a 6-3 or 5-4 ruling overturning the section of DoMA in question and that they will decline to rule due to standing on the Prop 8 case returning SSM to California.

      1. That There Other David 7 Jun 2013, 3:59pm

        What would be the effect on the other states that come under the 9th Circuit if the SCOTUS refuses to rule on Prop 8? Would their legislatures be able to override their own constitutional amendments given that the 9th Circuit issued a ruling on the way to the Supreme Court?

        1. The 9th Circut’s decision was very narrowly tailored to the California case, so I doubt it would affect other states if the SCOTUS doesn’t issue a ruling based on standing.

  2. Yes, and back in the early 60’s I will bet that MOST people in the US also thought that the civil rights of African-American people and women’s rights should be decided at the state level also!!! This poll means absolutely NOTHING because people should NOT be allowed to ‘vote’ on the civil rights of any other groups of people!

  3. Michaelandfred 7 Jun 2013, 3:40pm

    Sorry, but not ruling would also knock down both bans because then the appellate court rulings would stand, and in both cases they found them to be unconstitutional. The question is weather the defendants in the case have standing to be defending them at all.

    HUGE difference.

    1. What do you mean when you say “both bans”? Prop 8 is the only ban. The issue of standing doesn’t apply to the DOMA question. I don’t know why SCOTUS would refuse to rule on that…

      1. The issue of standing does apply to the DOMA question, as the judges questioned whether BLAG had the legal standing to take on the issue when the Obama administration had decided to not defend it in court.

  4. The states can not decide this issue as they have a horrible history of deciding civil rights in America. If it was left to the states decision, America would not have equal education, interracial marriage, women voting, etc. The Supreme Court has an obligation to the people of the US to rule on this and set aside partisan politics. Not ruling on this would be an injustice.

  5. It’s already being decided state by state. I would be very surprised to see a sweeping national ruling in the Prop 8 case. DOMA is a federal case, so obviously it’s being decided at the federal level but same sex marriage is currently being decided state by state.

  6. floridahank 7 Jun 2013, 4:19pm

    The Fed. Govt. has gotten way too powerful in overriding state’s rights. The Govt. should be very limited in their power to enter into many areas that should belong to the people.
    The Govt. continues to invade our privacy with dossiers on millions of our citizens — wastes billions of $$$ on stupid projects that the states would never approve. The Govt. should be reduced considerably and our nation would be run better in most cases.
    Oun nation was better off the majority of time 50 yrs. ago.

    1. GulliverUK 7 Jun 2013, 4:53pm

      There you go. There are states in the US who wouldn’t have decriminalized being gay, wouldn’t have given black people the right to vote, some still wouldn’t if they had the chance. There are states in the US who aren’t happy about inter-racial marriage after all this time, and some churches. You’ve already had so many examples of the tyranny of the masses — by which I mean those with the most money to throw at getting their way (eg. The Mormons, Catholics), that they’ve spend the last 10 years taking rights away from others, Prop 8, all the constitutional amendments.

      So you really think all the states are acting responsibly in allowing this? Your laws are open to very severe abuse which puts the rights of others in jeopardy, which is why states should never be given powers to vote on human and civil rights issues. The states have spend a lot of time and tens, perhaps hundreds of millions of dollars allowing religious zealots to marginalise and take away the rights of others.

    2. Yeah Hank, because FLORIDA is a shining example of good government with no waste and no pork and nothing but efficiency and effectiveness!

      When you say our nation was better off 50 yrs ago I can only assume that you’re WHITE. That would also explain why you think issues of civil rights should be left up to the states.

      I live in Florida myself and I think you’re an idiot.

  7. Christopher Coleman 7 Jun 2013, 4:42pm

    Why do a thing once if you can do it 50 times? Such an exhilarating use of human energy! Fifty different ways of doing the same thing will also ensure employment for lawyers. I gather there are benefits that flow from the federal government’s recognition of marriage. Will same gender couples get these benefits, if recognition is on the sate level only?

  8. How to consummate a gay marriage;

    I watched and almost forgot that these were two guys, beautiful indeed.

  9. GulliverUK 7 Jun 2013, 4:47pm

    I think that’s a particularly US thing, which comes from the past civil war, and has been passed on. implanted in the psyche of each generation, the idea that states are almost independent countries.

    The very idea that you can allow a majority to dictate right and wrong, especially on an issue of fundamental and civil rights, either at a state level or through a referendum (as was proposed by a few here), completely misses the notion of the tyranny of the masses. Something, by evidence, by logical debate and conclusion, with considered reasoning, is either right or not. Sometimes a society is wrong for a very long time, like slavery, before it evolves to the point where debate can take place, and understanding is sufficiently developed to change. Some states are still a long way off being evolved and ready to even have that rational reasoned debate.

    Some laws were meant to be Federal, such as abortion, civil rights for black people, etc. This is no different.

  10. That poll is misleading. 60% of EVERYONE, including those who support marriage equality and those who don’t support marriage equality, think it should be decided by the states. This reflects the fact that those who are against equality realize that it’s inevitable and so now they want to road block it and delay it as long as possible. A LARGE majority of the majority who support marriage equality want it to be decided at the national level.

  11. Janet Lameck 7 Jun 2013, 11:45pm

    It should be decided by the Supreme Court of the United States. Then ALL states would have to follow FEDERAL law!

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