You probably didn’t hear it first here, but I predict that the court will overrule so-called DOMA (that ought to be called “Defense Against Marriage Act”) but will allow Proposition 8. On essentially the same grounds, States’ Rights. And I think that is essentially the correct decision, little as I like the current court.
In five years, you are likely to see maybe 35 states allowing gay marriage and 15 (mostly southern) not. California will certainly repeal Proposition 8, probably sooner rather than later. And Alabama will go down in flames before they do. But for the federal government to refuse to recognize such state action is utterly intolerable.
Sorry I didn’t know that. I rarely look in GD since I don’t usually find them very edifying. I just read the whole thread and parts of it were not edifying. The debate over whether Scalia did or didn’t compare homosexuality to murder wasn’t very edifying. As far as I read the citations, he didn’t merely said that all law is based on morality, murder no less than laws against sodomy. I think Scalia is a scumbag (and likely a homophobe), but that statement doesn’t prove it.
Having read that thread, I am more than ever convinced that DOMA is toast, but I do think they will uphold (or maybe refuse to rule on) Proposition 8. It will be reversed the first time they have a second referendum. The trogs are losing ground every day.