California Prop. 8 and DoMA have found their way before the Supreme Court of the United States. Seems like they'd rather avoid making a ruling altogether at the moment.
I've been gleaming bits and pieces of comments from the justices, but I am not entirely certain how they fit together yet. Some of the random quotes in the news are head scratchers.
But [Justice Kennedy] also said he feared the court would enter "uncharted waters".
"We have five years of information to pose against 2,000 years of history or more," he said.
There is just too much wrong with that statement.
Personally, I think if a ruling comes, it will just tip in favour of same-sex marriage proponents, though it's a bit tricky. It concerns constitutionality and the impact of state's rights, as well as the direct impacts on Californians and the specific Proposition under review.
So, views? Predictions? Insight?
You are presuming that the status quo is necessarily wrong. The status quo isn't just one thing. Allowing people who have some experience under their belts to vote hardly seems like a bad thing. The older voter will be more think about the unintended consequences of precipitous changes in the law than the young. But the young need to be there to challenge the old with new ideas.
It seems to be consistently true, but the elderly also die faster than all other demographics, and are often concerned with other issues which have more immediate impact on their lives and bank accounts. I don't know if preserving "family values" typically ranks high as a decisive voting issue over something like Medicare for the swing voters.
Shameful as it is my grandmother, in her 70's, refused to vote for Obama for one reason only. Because he is not white.
That is why I bring up the age issue. Prejudice can be a hard thing to overcome and the elderly are least susceptible to change.
If one is too elderly and in firmed to operate a motor vehicle maybe they should not be allowed to vote as well?
Since the young are more likely to join some wacko anarchist or terrorist group than an oldster, at what age should we allow the young to vote?
In the case of Proposition 8, I think the justices will vote 6-3 (with Roberts joining the liberals) to dismiss the case on the basis of the plaintiffs lack of standing. That will, in effect, void California's law, but not apply to any other state.
In the case of DOMA, I predict a 5-4 decision declaring it unconstitutional on the basis of it violating the equal protection clause of the 14th Amendment. That will affect every state; however, as in the case of abortion laws, it will not stop some states from finding creative ways of getting around the constitutional implications of the decision. In that case, people will get married anyhow and dare the states to prosecute and fight appeals all the way back to the Supreme Court. By the time that happens, though, I suspect the culture will have changed so much that it will be a moot question.
DOMA--or the full faith and credit clause. States may be required to recognize other states' marriages but not be required to perform them themselves.