ntwise, I can’t believe I am actually going to say this, but I agree with J Parks.
Per Chief Justice Roberts’:
“After the District Court declared Proposition 8 unconstitutional and enjoined the state officials named as defendants from enforcing it, however, the inquiry under Article III changed. Respondents no longer had any injury to redress—they had won—and the state officials chose not to appeal. The only individuals who sought to appeal that order were petitioners, who had intervened in the District Court.”
Basically the people that advanced the case beyond the District Court did not have standing because they had no direct stake in the issue. Had the original petitioners appealed, the court could have made a ruling today.
Regardless of where we stand on the ruling today, might we all agree that the Ninth Circuit is a joke?
I’m with you in part. I appreciate that the legality of gay marriage is a decision to be made by the states. For the record, I do not, and will not ever for that matter, support calling the union of same-sex couples ‘marriage’. I do not, however, believe it is appropriate for the federal government to recognize such a union when only 12 states allow legal marriages between same-sex couples. I find it troubling that the Court decides to honor the marriages of couples in those states and allows them to receive the federal benefits of marriage while still defining marriage as a union between a man and a woman.
ntwise, I can’t believe I am actually going to say this, but I agree with J Parks.
Per Chief Justice Roberts’:
“After the District Court declared Proposition 8 unconstitutional and enjoined the state officials named as defendants from enforcing it, however, the inquiry under Article III changed. Respondents no longer had any injury to redress—they had won—and the state officials chose not to appeal. The only individuals who sought to appeal that order were petitioners, who had intervened in the District Court.”
Basically the people that advanced the case beyond the District Court did not have standing because they had no direct stake in the issue. Had the original petitioners appealed, the court could have made a ruling today.
Regardless of where we stand on the ruling today, might we all agree that the Ninth Circuit is a joke?
I haven’t read the decision yet, but I am not entirely certain that the standing issue is that broad sweeping.
I’m with you in part. I appreciate that the legality of gay marriage is a decision to be made by the states. For the record, I do not, and will not ever for that matter, support calling the union of same-sex couples ‘marriage’. I do not, however, believe it is appropriate for the federal government to recognize such a union when only 12 states allow legal marriages between same-sex couples. I find it troubling that the Court decides to honor the marriages of couples in those states and allows them to receive the federal benefits of marriage while still defining marriage as a union between a man and a woman.