Could an anti-gay marriage case be brought to the Supreme Court? (user search)
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  Could an anti-gay marriage case be brought to the Supreme Court? (search mode)
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Author Topic: Could an anti-gay marriage case be brought to the Supreme Court?  (Read 1093 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: October 26, 2020, 09:18:33 PM »
« edited: October 27, 2020, 12:22:42 AM by True Federalist (진정한 연방 주의자) »

I don't see any State government that would be willing to intentionally pass the sort of law that would be needed to bring Obergefell up for reconsecration by SCOTUS.  Perhaps a law that limited a benefit of marriage only to "real marriages", and if that withstood SCOTUS review then maybe try for the whole enchilada.

So yeah, the path forward that could be tried is pretty obvious, but whether there is a State willing to try is less obvious.  Gay marriage is already far less controversial than abortion, in part because there's nothing to point to as an "innocent victim" like there is with abortion.
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True Federalist (진정한 연방 주의자)
Ernest
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Posts: 42,144
United States


« Reply #1 on: October 27, 2020, 11:23:46 AM »

I don't see any State government that would be willing to intentionally pass the sort of law that would be needed to bring Obergefell up for reconsecration by SCOTUS.  Perhaps a law that limited a benefit of marriage only to "real marriages", and if that withstood SCOTUS review then maybe try for the whole enchilada.

So yeah, the path forward that could be tried is pretty obvious, but whether there is a State willing to try is less obvious.  Gay marriage is already far less controversial than abortion, in part because there's nothing to point to as an "innocent victim" like there is with abortion.

What if a law is passed in some Republican-controlled state legislature giving preferential treatment to straight couples with children in various ways? Conservatives could/would frame opposition to such a law as being "anti-mother" or "anti-family." Would certainly check some important Culture War boxes!

It would be the most likely type of precursor case, but I'm not certain there's any place that would care enough to attempt it.  Until and unless Roe gets overturned in full, abortion is going to continue to be the issue social conservatives are going to be willing to risk a backlash on.
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