Justice Kennedy's the one to watch on gay marriage test

Aug 8, 2010 Full story: The Modesto Bee 32

Supreme Court Justice Anthony Kennedy eventually will get his hands on California's gay marriage ban.

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Your Smarter Brother

Roanoke, VA

#21 Aug 9, 2010
snyper wrote:
<quoted text>
Nonsense. Those tactics are NOT warranted at this stage, and will only alienate moderates and add fuel to an already building right-wing backlash. Such tactics are designed to bring attention to an issue. We've GOT their attention. Now what matters is what we do with it.
Well then, what DO you "do with it" that would actually work, in your opinion? Just asking.
Chicago Guy

Charlevoix, MI

#22 Aug 9, 2010
Frank Stanton wrote:
<quoted text>
They are not atlking about repeal of the 14th Amendment. They are talking about repeal of that one section of the 14th Amendment that gives citizenship to any person born in the U.S.
Clearly the writers of that amendment never envisioned the non-mlitray, but crimina, invasion of our country by Mexico and other Latin America peoples.
I DO support the repeal of that section and favor replacing it with:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside PROVIDED THAT BOTH NATURAL PARENTS, I.E. NOT ADOPTIVE PARENTS, ARE CITIZENS OF THE UNITED STATES. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Wow. So you'd not only take away the "anchor baby" loophole, but you'd deny citizenship to adopted children of citizens, and children (like Obama) who are born to couples where only one is a citizen?

All this right after expressing support for freedom and equality on the gay marriage issue.

I guess bigotry knows no sexual orientation.... LOL
Chicago Guy

Charlevoix, MI

#23 Aug 9, 2010
G in SF wrote:
It is possible that this case won't go to SCOTUS. If Roberts can't count on Kennedy's vote, he might decide not to take the case so that marriage would be legal in California (a small 'loss') vs. marriage being legal in the whole country (a big 'loss'). Walker's opinion was brilliantly written. Everyone is talking about Kennedy, but it's just as much about the decision that Chief Justice Roberts is going to have to make also.
I think the case will either be accepted or rejected by SCOTUS in 2-3 yrs, not 4-5 as Frank suggested. Still, the makeup of the court might be different AND attitudes among the Supremes/nation might adjust in our favor by then.
I don't think Roberts has the sole power to decide what cases the court hears, does he?
Chicago Guy

Charlevoix, MI

#24 Aug 9, 2010
Your Smarter Brother wrote:
<quoted text>
Well then, what DO you "do with it" that would actually work, in your opinion? Just asking.
I don't think anyone has to "do" anything at this point.

The gay community is two steps away from having gay marriage made a legal, federal right-- with a decision hard-wired to appeal to the swing voter.

You're not exactly languishing...

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#25 Aug 9, 2010
Chicago Guy wrote:
<quoted text>
I don't think Roberts has the sole power to decide what cases the court hears, does he?
It takes 4 justices to vote to accept a case. ANY 4. The only special power Roberts has is deciding who writes the opinion when he is voting with the majority.

Since: Mar 09

Location hidden

#26 Aug 9, 2010
Your Smarter Brother wrote:
<quoted text>
Well then, what DO you "do with it" that would actually work, in your opinion? Just asking.
None is necessary. It's in the COURTS now.

TO counter the building backlash, attention has to be given to making friends and supporters for OUR candidates in the upcoming elections at ALL levels of Government. This is not accomplished by alienating moderates, but by showing them that our interests and theirs coincide. We must be willing to lend our active support to THEIR issues, too. You know. Make FRIENDS.

btw: Which State are you in ?
Chicago Guy

Charlevoix, MI

#27 Aug 9, 2010
WeTheSheeple wrote:
<quoted text>
It takes 4 justices to vote to accept a case. ANY 4. The only special power Roberts has is deciding who writes the opinion when he is voting with the majority.
Thanks.

Any idea how the process works? Do they all just sit with a stack of pending cases, and vote on which to hear?
The Troll Stopper

Blacksburg, VA

#28 Aug 9, 2010
snyper wrote:
<quoted text>
Which State are you in ?
FWIW, I'm in Virginia -- yeah, I know, one of the worst states when it comes to LGBT equality. And also FWIW, I'm hetero, but I firmly support LGBT equality and have written several letters to the editor of my local paper over the years expressing such.

It's nice to see you're feeling so optimistic. I'm sure African-Americans were feeling just as optimistic right after Brown v. Board of Education was settled, only to have the Southern states intentionally drag their heels. True equality wasn't really achieved for the black community until MLK Jr. and company started their campaign of civil disobedience and drew the police oppression that shamed the general public into truly accepting the righteousness of their cause and shamed Uncle Sam into finally putting some teeth into legal desegregation. I'd like to think it wouldn't come to that for the LGBT community as well; I sure hope you're right on this.
The Troll Stopper

Blacksburg, VA

#29 Aug 9, 2010
Just so everyone knows, I alternatively post as "The Troll Stopper" and "Your Smarter Brother", so that was me in that last post responding to snyper.

Since: Mar 09

Location hidden

#30 Aug 9, 2010
The Troll Stopper wrote:
<quoted text>
FWIW, I'm in Virginia -- yeah, I know, one of the worst states when it comes to LGBT equality. And also FWIW, I'm hetero, but I firmly support LGBT equality and have written several letters to the editor of my local paper over the years expressing such.
It's nice to see you're feeling so optimistic. I'm sure African-Americans were feeling just as optimistic right after Brown v. Board of Education was settled, only to have the Southern states intentionally drag their heels. True equality wasn't really achieved for the black community until MLK Jr. and company started their campaign of civil disobedience and drew the police oppression that shamed the general public into truly accepting the righteousness of their cause and shamed Uncle Sam into finally putting some teeth into legal desegregation. I'd like to think it wouldn't come to that for the LGBT community as well; I sure hope you're right on this.
Oh yeah. Everyone who has ever won a judgement in a lawsuit KNOWS that is one thing to win the judgement and another thing entirely to actually collect on that judgement. lolol

I'm not optimistic. I'm just taking a brief vacation while preparing for the other shoe to drop.

As a hetero friend of the LGBT issue, have you ever investigated PFLAG ?

http://community.pflag.org/Page.aspx...

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#31 Aug 9, 2010
Chicago Guy wrote:
<quoted text>
Thanks.
Any idea how the process works? Do they all just sit with a stack of pending cases, and vote on which to hear?
The whole court holds regular meetings which is led by the Chief Justice. They go over the cases and vote on which to accept. Each justices gets one vote, no vote carries more weight than the other.
Your Smarter Brother

Blacksburg, VA

#32 Aug 9, 2010
snyper wrote:
<quoted text>
As a hetero friend of the LGBT issue, have you ever investigated PFLAG ?
I know all about PFLAG, although I admit I've never bothered to think about joining; I suppose I eventually ought to get up off my lazy butt and give it a try.

I can't say I completely agree that your approach would work best on this issue, but nonetheless, thanks for the discussion; it's been an interesting one.

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