Skylar
Diamond Member
- Jul 5, 2014
- 53,204
- 15,927
The stays have been pled on preserving the status quo and rights of states to self-govern on the question of gay marriage: citing Windsor.Only Thomas and Scalia objecting? I think this gives us an idea of how the vote is going to go when the case is heard by SCOTUS.
No it doesn't. The SCOTUS denied the request to extend the stay. That is all. It says nothing about the merits of the case. It is strictly a decision on the merits on the the request to extend a stay. Alabama has an appeal on the merits of the case pending with the 11th Circuit. Whether the state is entitled to a stay of the district court's injunction is a legal matter entirely separate than the merits of the appeal.
Alas, the Alabama ruling was on the basis of the violation of constitutional guarantees. And the Windsor decision explicitly said that State marriage laws were subject to those very constitutional guarantees.
"Subject to certain constitutional guarantees, see, e.g., Loving v. Virginia, 388 U. S. 1, “regulation of domestic relations” is “an area that has long been regarded as a virtually exclusive province of the States,” Sosna v. Iowa, 419 U. S. 393.
Windsor v. US
And no where does Windsor say that state marriage laws can violate constitutional guarantees. Meaning that the WIndsor ruling gives the State no basis for a stay of a ruling that found violation of those guarantees. Thus, the court had to assess the likelihood that the State of Alabama would be successful in its argument that constitutional guarantees WEREN'T violated by state gay marriage bans.
And court found no credible indication of this. Thus, they denied the stay. As they should have.
And all other manner of serious and compelling concerns to the states affected by forced-attrition of their laws. The public has been watching this parade with a keen eye, seeing one good argument of theirs after another shot down by SCOTUS' majority.
Actually, their arguments have been shit. Which is why they've lost. Not just in the SCOTUS majority. But in virtually every federal court to hear the issue. Last time I checked, the record of gay marriage advocates was 2 to 44. That doesn't denote a 'good argument'. But absolute garbage.
In other words as Thomas said, the Court is telling the public "no matter what you plead on this case, we're going to find in favor of the LGBT cult".
Thomas said that the refusal to grant the stay may be an indication of how court will rule.
All that 'cult' and 'no matter what' bullshit was just you making nonsense up. As you increasingly do the closer we get to June.