Max asked in Politics & GovernmentGovernment · 9 years ago

Would the United States Supreme Court pass same sex marriage?

Explain your answer. Which justices would support it and why? Which justices would oppose it and why?

Additional Details:

By pass, I mean if a bill (say Prop 8 in Perry v. Schwarzenegger) is appealed to the Supreme Court, would it rule in favor of Perry (same-sex marriage) or Schwarzenegger (a state has the right to ban same-sex marriage).


@ Brett: no our nation was not, our nation was founded for political, religious, and economic freedom. It was not founded on the bible. Guess what? I'm a Reform Jew and my religion supports gay marriage. I asked only would it pass, I don't want to be preached to from a homophobic bigot.

5 Answers

  • Mark
    Lv 7
    9 years ago
    Favorite Answer

    I've read a really interesting (although disagreeable) book "Same-Sex Marriage and the Constitution" (by Evan Gerstmann) in which he argues that the precedent cases of Zablocki v. Redhail and Turner v. Safley would serve as a basis for the Court to rule in favor of Perry. If all 9 Justices were to take Gerstmann's argument seriously, then it would be a unanimous ruling.

    Two of the Justices have already been known to oppose "gay rights," namely in Romer v. Evans and Lawrence v. Texas, but their views in those two cases aren't necessarily a sure bet as to how they will react to an argument that they must respect the precedents in Zablock and Turner.

    I honestly can't predict how everyone on the Court will react. Maybe it is pretty safe to say that the four Democrat-appointed Justices -- Ginsburg, Breyer, Sotomayor, and Kagan -- will be most likely to support Perry. Maybe it is safe to say that the conservatives on the Court will not. But I just don't know.

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  • 9 years ago

    It would favor Perry because a contract between two adults can't be invalidated by bigots on the right wing.

    Even Scalia would hold up marriage for all.

    Just to be clear, the SCOTUS can not "pass" same sex marriage. They can't pass anything, they can only interpret already existing laws and apply them to the cases they see.

    Gay marriage should be illegal to people who think that's "gross" and "immoral" but the law doesn't work that way. The law is above mine or your taste.

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  • Anonymous
    9 years ago

    Same sex marraige will never pass,our country constitution was founded on the bible!In the bible god said (man and woman shou marry and reproduce).If you really want to be married and gay,you might want to change countries,it will never happen here.Our children that many have and many want grandchildren why confuse our children any more then need be,they already have a tough enough world to grow up in.We don't need married gays walking the streets ,malls,making out in public around our innicent children confusing them,it's bad enough that they show this sh-t on TV.Adam and Eve went into the garden not Adam and Steve,,,one more good reason taxes there is no way a bankrupt government is gonna allow gay marraige being broke,the tax breaks would kill them!Keep it in the closet please!

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  • ?
    Lv 4
    4 years ago

    Whatever happened to asking a question. You would have posted this on a web publication somewhere for the equal outcomes and might have even had a healthful debate. To answer your one line question though Interracial marriage is solely as common as natural marriage. It's been in observe lengthy before america was once established and is not going to stop anytime soon. Folks that don't embrace it is going to only in finding themselves misplaced in the instances, despite which generation they belong to. As for Gays....In my opinion I disagree with equal intercourse marriage. The very definition of marriage has converted considering that of it when you inquire from me. Nonetheless to every his own i do not maintain whatever against them. I would say that resorting to calling men and women bigots is an awfully immature method of getting your point across. You are no one of a kind than the people that belittle those homosexuals that would get up for his or her marriage. I in my opinion consider you're illiberal of the rest of the arena. I've a proposal for ya though. From 1500-1800 when people desired to flee persecution they left and headed west. You would leave your self in the event you do not like how matters are. Might be to a country that is even less tolerant of your beliefs. You haven't any thought just how just right you've got it. Flaunting your freedoms and annoying more. You rather have got to let things go.

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  • Anonymous
    9 years ago

    Would, will or should?

    Would, it is hard to say what any group would do.

    Will, I am not sure if they will?

    Should, I don't think they should.


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