Tenth Circuit: Gay marriage protected by the Constitution (user search)
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  Tenth Circuit: Gay marriage protected by the Constitution (search mode)
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Author Topic: Tenth Circuit: Gay marriage protected by the Constitution  (Read 2519 times)
bedstuy
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« on: June 25, 2014, 12:54:04 PM »

If the SC upholds this ruling, would this only apply to the states in the 10th Circuit Court of Appeals: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming ?

Or would it apply to all states that still have bans on gay marriage ?

Probably the first one, right ?

No, it would be option two.  If the US Supreme Court says that not providing for same-sex marriage violates the Constitution, it would apply to every state  because the Supreme Court is the authority on Federal Constitutional law for every state.
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bedstuy
YaBB God
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Posts: 4,526


Political Matrix
E: -1.16, S: -4.35

« Reply #1 on: June 25, 2014, 02:43:05 PM »

Unless states' statutory bans on SSM are identical, the ruling is on a state-by-state basis.

Why is that?  The basic facts are not going to be different in a legally significant way.  A state with a slightly different history or language of a gay marriage ban is free to make that argument in court after the Supreme Court makes that hypothetical decision.  But, how are they going to convince a judge that same-sex marriage bans are Constitutional in Alabama if they are impermissible under the Federal Constitution in Mississippi?  That's unrealistic.
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