Attempts Nixed To Block Pa. Gay Marri...

Attempts Nixed To Block Pa. Gay Marriage Lawsuit

There are 25 comments on the CBS Local story from Nov 15, 2013, titled Attempts Nixed To Block Pa. Gay Marriage Lawsuit. In it, CBS Local reports that:

The judge in a federal court challenge to Pennsylvania's 17-year-old law that bans recognition of same-sex marriages is rejecting two different attempts to dismiss the lawsuit.

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Since: Mar 09

Location hidden

#1 Nov 15, 2013
Pennsylvania next year?
Sir Andrew

Honolulu, HI

#2 Nov 15, 2013
Inre: The pic of the flag.

The red always goes on the top, the purple on the bottom. If displayed vertically, the red goes on the left to the viewer. I HATE it when gays can't even learn enough about their history to know how to display the flag.
Hansel Currywurst

Houston, TX

#3 Nov 15, 2013
Sir Andrew wrote:
The red always goes on the top, the purple on the bottom.
That's also the way rainbows appear in nature (except when viewed from above the light source, then they're circular with red on the outside and violet on the inside). Water droplets refract the violet (purple, blue) end of the spectrum more than the red end, so it is bent into a tighter radius and appears in the inside of the arc (or circle).

Since: Dec 08

El Paso, TX

#4 Nov 15, 2013
snyper wrote:
Pennsylvania next year?
And maybe Michigan?

Since: Feb 07

Lansdale, PA

#5 Nov 15, 2013
snyper wrote:
Pennsylvania next year?
PA is a strange state. I'd be surprised if it happened that fast.

And I very much hope to be surprised.

Since: Mar 09

Location hidden

#6 Nov 15, 2013
TomInElPaso wrote:
<quoted text>
And maybe Michigan?
Are they in the same Federal Circuit?

Since: Mar 09

Location hidden

#7 Nov 15, 2013
TomInElPaso wrote:
<quoted text>
And maybe Michigan?
Best to ask "Sheeples" about that.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#8 Nov 15, 2013
PA & MI are in different circuits. PA is in the more liberal 3rd circuit, while MI is in the very conservative 6th (along with Ohio).

I'd expect conflicting rulings from the 3rd & 6th circuits, which is actually a good thing because it ensures the SCOTUS will take one or both or all cases.

Either way, both cases in all 3 states are likely to take at least a year to get to their respective circuit courts. So while the district courts may rule next year in all 3 states, we're looking at 2015 before any decision is likely out of the circuit courts.

Then it's a waiting game to see whether the SCOTUS takes any case.

Remember, the 9th circuit is also likely to rule in early 2014 on their case from Nevada.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#9 Nov 15, 2013
FYI-

There are about 30 cases in federal courts right now in 23+ states.

Which is exactly what I expected would happen once DOMA was overturned. Especially considering the language used in the majority opinion- i.e. animus, harm to our families, etc.

That's what a snowball rolling downhill looks like...

Since: Mar 09

Location hidden

#10 Nov 15, 2013
WeTheSheeple wrote:
PA & MI are in different circuits. PA is in the more liberal 3rd circuit, while MI is in the very conservative 6th (along with Ohio).
I'd expect conflicting rulings from the 3rd & 6th circuits, which is actually a good thing because it ensures the SCOTUS will take one or both or all cases.
Either way, both cases in all 3 states are likely to take at least a year to get to their respective circuit courts. So while the district courts may rule next year in all 3 states, we're looking at 2015 before any decision is likely out of the circuit courts.
Then it's a waiting game to see whether the SCOTUS takes any case.
Remember, the 9th circuit is also likely to rule in early 2014 on their case from Nevada.
SCotUS oversight protocols, last I looked, place Alito over the 3rd Circuit and Kagan over the 6th.

Has this changed?
Sir Andrew

Honolulu, HI

#11 Nov 15, 2013
WeTheSheeple wrote:
FYI-
There are about 30 cases in federal courts right now in 23+ states.
Which is exactly what I expected would happen once DOMA was overturned. Especially considering the language used in the majority opinion- i.e. animus, harm to our families, etc.
That's what a snowball rolling downhill looks like...
Remember, my friend, it was only section 3 that was drop kicked. Someone needs to bring a strong Article IV challenge to Section 2 of DOMA. Once Full Faith and Credit is applied correctly, ALL of the bans, whether in state constitutions or just in state laws, will fall. That would eliminate the salami tactics (slice by slice) that are being used now. An Article IV challenge would also seem to be one of the easiest to establish and fight, though I think there would be an argument from the dark side that the language of Section 2 activates the art of Art IV that allows Congress to remove certain state laws from Art IV enforcement.

This would also eliminate the ugly potential of seeing the deep south dig in their clodhoppers, dragging this fight out as long as humanly possible. I would really like to see this issue resolved before I die, but I fear the five states most controlled by evangelicals will keep this going until I'm 130 or so.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#12 Nov 15, 2013
snyper wrote:
<quoted text>
SCotUS oversight protocols, last I looked, place Alito over the 3rd Circuit and Kagan over the 6th.
Has this changed?
Don't know. How is that relevant?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#13 Nov 15, 2013
Sir Andrew wrote:
<quoted text>
Remember, my friend, it was only section 3 that was drop kicked. Someone needs to bring a strong Article IV challenge to Section 2 of DOMA. Once Full Faith and Credit is applied correctly, ALL of the bans, whether in state constitutions or just in state laws, will fall. That would eliminate the salami tactics (slice by slice) that are being used now. An Article IV challenge would also seem to be one of the easiest to establish and fight, though I think there would be an argument from the dark side that the language of Section 2 activates the art of Art IV that allows Congress to remove certain state laws from Art IV enforcement.
This would also eliminate the ugly potential of seeing the deep south dig in their clodhoppers, dragging this fight out as long as humanly possible. I would really like to see this issue resolved before I die, but I fear the five states most controlled by evangelicals will keep this going until I'm 130 or so.
Considering the FFC clause has never been used to force one state to recognize the marriages performed in another, that's actually the LEAST likely avenue.

A due process and/or equal protection argument is much more likely to be successful because of past SCOTUS precedent on such issues.
Rick not in Kansas yet

Salina, KS

#14 Nov 15, 2013
These cases are just going to keep coming until the Supremes finally jump on this fusillade of grenades that should have been Perry and kill these amendments off once and for all.
Dr Pepsi

Hanoi, Vietnam

#15 Nov 15, 2013
don't ask & don"t tell........(more)......

Since: Mar 09

Location hidden

#16 Nov 15, 2013
WeTheSheeple wrote:
<quoted text>
Don't know. How is that relevant?
The SCotUS Justices are required to spend time sitting Circuit cases in their Circuits of responsibility. This has significant influence.

Since: Mar 07

Location hidden

#17 Nov 15, 2013
snyper wrote:
Pennsylvania next year?
I would have said "When pigs fly", but now I'm not so sure.

It would be lovely to be able to legally marry here.

Since: Mar 09

Location hidden

#18 Nov 16, 2013
Quest wrote:
<quoted text>
I would have said "When pigs fly", but now I'm not so sure.
It would be lovely to be able to legally marry here.
Once you can, be sure to get the highest ranking Judge, preferably Federal, that you can to officiate.

The same holds if you decide to go to another State to do so.
Sterkfontein Swartkrans

Warrington, PA

#19 Nov 16, 2013
Stripping an unpopular group of their rights is a very slippery slope!
Rambeaux

Philadelphia, PA

#21 Nov 16, 2013
Wet the finger and stick it in the air to see which way the wind blows. That's what most all politicians do. Promise the people anything in order to get re-elected.

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