Suppose Prop 8 passes. What happens next? - cougarguard.com — unofficial BYU Cougars / LDS sports, football, basketball forum and message board

ute4ever · 08-26-2008, 01:34 AM

-What states would lobby for the same in 2009?
-Does the church take a similar role in each of those states?
-Would it ever go beyond the state level, e.g. a U.S. Constitutional Amendment outlining the freedom of marriage?

il Padrino Ute · 08-26-2008, 01:37 AM

Quote:

Originally Posted by ute4ever

-What states would lobby for the same in 2009?
-Does the church take a similar role in each of those states?
-Would it ever go beyond the state level, e.g. a U.S. Constitutional Amendment outlining the freedom of marriage?

If it passes, I'm guessing the 9th Circuit Court of Appeals will overturn it.

Tex · 08-26-2008, 01:53 AM

Correct me if I'm wrong, but I thought the 9th Circuit has no jurisdiction on this because it's a state constitutional amendment. The matter would have to go straight to SCOTUS.

il Padrino Ute · 08-26-2008, 02:05 AM

Quote:

Originally Posted by Tex

Correct me if I'm wrong, but I thought the 9th Circuit has no jurisdiction on this because it's a state constitutional amendment. The matter would have to go straight to SCOTUS.

Was Prop 22 a state constitutional amendment or a statute? I honestly don't know.

MikeWaters · 08-26-2008, 02:18 AM

Quote:

Originally Posted by ute4ever

-What states would lobby for the same in 2009?
-Does the church take a similar role in each of those states?
-Would it ever go beyond the state level, e.g. a U.S. Constitutional Amendment outlining the freedom of marriage?

most of the more conservative states have laws or amendments prohibiting gay marriage.

the church would probably step in only in states where gay marriage is up in the air.

Of course it could go to a constitutional amendment. It already has, and the church supported it, but it was defeated.

There is not a serious chance the amendment will be approve by Congress in the foreseeable future.

SeattleUte · 08-26-2008, 03:03 AM

It could be a federal issue if a state Constitutional amendment violated the federal Constitution. That's in theory. It will be a while before any federal court sees it that way. Someone would have to file a lawsuit in federal district court first.

08-26-2008, 01:34 AM	#1
ute4ever I must not tell lies Join Date: Aug 2005 Posts: 5,103	Suppose Prop 8 passes. What happens next? -What states would lobby for the same in 2009? -Does the church take a similar role in each of those states? -Would it ever go beyond the state level, e.g. a U.S. Constitutional Amendment outlining the freedom of marriage?

08-26-2008, 01:53 AM	#3
Tex Senior Member Join Date: Dec 2006 Posts: 8,596	Correct me if I'm wrong, but I thought the 9th Circuit has no jurisdiction on this because it's a state constitutional amendment. The matter would have to go straight to SCOTUS. __________________ "Have we been commanded not to call a prophet an insular racist? Link?" "And yes, [2010] is a very good year to be a Democrat. Perhaps the best year in decades ..." - Cali Coug "Oh dear, granny, what a long tail our puss has got." - Brigham Young Last edited by Tex; 08-26-2008 at 01:55 AM.

08-26-2008, 03:03 AM	#6
SeattleUte fairlds.org Join Date: Jan 2006 Location: Seattle, WA Posts: 10,665	It could be a federal issue if a state Constitutional amendment violated the federal Constitution. That's in theory. It will be a while before any federal court sees it that way. Someone would have to file a lawsuit in federal district court first. __________________ Interrupt all you like. We're involved in a complicated story here, and not everything is quite what it seems to be. —Paul Auster