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Comments about ‘CA gay marriage ban headed to US Supreme Court’

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Published: Tuesday, June 5 2012 11:55 a.m. MDT

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Vince here
San Diego, CA

Another step in the direction of equality and the right side of history. Hooray!

Stephen Kent Ehat
Lindon, UT

In February, Judge Reinhardt of the Ninth Circuit Court of Appeals dealt a blow to same-sex marriage that SSM advocates themselves have yet to appreciate.

And by the court's labored refusal yesterday to allow rehearing en banc to correct its mistake, the survival of Prop 8 becomes ever more likely in the Supreme Court of the United States.

Judge Reinhardt's misreading and misapplication of the Romer decision results from nothing more than a desire to fit a square peg into a round hole, all in an effort to pander to Justice Anthony Kennedy.

The result? Justice Kennedy will have nothing of it.

On or before Monday, September 3 the defenders of Prop 8 will file their petition for certiorari, which likely will be granted in October, prior to the presidential election.

The election results will portend no new appointments to SCOTUS and no liberal justices will retire.

After briefing and argument in SCOTUS, Judge Reinhardt's purportedly "narrow" opinion -- one that supposedly affects only California (but Roe-like threatens to take down the laws of more than thirty states) -- will itself go down in flames in a 5-to-4 or even 6-to-3 decision.

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