SC outlawing gay marriage

Merlin99

Visualize whirled peas
PREMO Member
So it’s gotten a lot of play ever since Justice Thomas brought it up in his concurring opinion, but who would have standing to bring suit?
 

LightRoasted

If I may ...
They cannot OUTLAW gay marriage. It’s not what they do.
No. But it is a States rights, 10th Amendment, issue. Last I checked there is no Clerk of the Court to register a marriage at the Federal level. They can nullify any prior SCOTUS gay marriage decision.
 

Merlin99

Visualize whirled peas
PREMO Member
No. But it is a States rights, 10th Amendment, issue. Last I checked there is no Clerk of the Court to register a marriage at the Federal level. They can nullify any prior SCOTUS gay marriage decision.
But who would have standing to bring the suit. The SC doesn’t take a case just because they think the previous decision was wrong.
 

LightRoasted

If I may ...
But who would have standing to bring the suit. The SC doesn’t take a case just because they think the previous decision was wrong.
Maybe a State that does not recognize the marriage of two men, or two women, of another State, when those two men, or two women, file suit to try and force said State to accept it? Then it works it's way to SCOTUS?
 

LightRoasted

If I may ...
For your consideration ...

But who would have standing to bring the suit. The SC doesn’t take a case just because they think the previous decision was wrong.
Maybe this is the way it will happen?

“We believe the Obergefell v. Hodges decision, overturning the Texas law prohibiting same-sex marriage in Texas, has no basis in the Constitution and should be nullified, the document adopted by Texas Republicans at last weekend’s convention said.

The document went further.

“Homosexuality is an abnormal lifestyle choice,” it said. “We believe there should be no granting of special legal entitlements or creation of special status for homosexual behavior, regardless of state of origin, and we oppose any criminal or civil penalties against those who oppose homosexuality out of faith, conviction, or belief in traditional values. No one should be granted special legal status based on their LGBTQ+ identification”
 
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