What if gay marriage makes it to the Supreme Court? Please Vote

[SoutherDem]

One day one of the state constitutions which have made homosexuals 2nd class citizens will (I think) make it to the supreme court.
How would the current justices vote?
Please vote and leave comments if you like.

7 votes, 0 passes | Time left: Unlimited
	Gay Marriage IS Constitutional
	6 (86%)
	Gay Marriage IS NOT Constitutional
	0 (0%)
	Send back to the state because it is a state matter
	1 (14%)
	Send back to lower court for verification/clarification
	0 (0%)
	Supreme Court will never touch such a hot potato
	0 (0%)
	0 DU members did not wish to select any of the options provided.
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[FirstLight]

1. oops...

i voted what "I" would vote... and there should be no question of ANY marriage being constitutional or not IMO

[Vincardog]

2. All men (and women) are created equal and endowed by their creator with certain inalienable rights

[Skinner]

3. Your poll is confusing.

If/when this happens, SCOTUS will decide whether it is constitutional to prohibit gay marriage. They will not be deciding whether it is constitutional to allow gay marriage.

Also, it is unclear whether you are asking DUers what they think SCOTUS will do, or if you are asking DUers for their personal opinion on how SCOTUS should decide it.

[SoutherDem]

6. I have clarified.

I have a question

You said;

If/when this happens, SCOTUS will decide whether it is constitutional to prohibit gay marriage. They will not be deciding whether it is constitutional to allow gay marriage.

My first thought was isn't it the same, but what if instead of a homosexual challenging say the new NC law so that SCOTUS is deciding if it is legal to prohibit, a heterosexual challenges a law in a state where it is legal, would that decide if gay marriage is constitutional? If not how?

[get the red out]

4. Depends on if the President is re-elected

And if we get a Democratic majority in the House and 60+ Democrats in the Senate, THEN if any supreme court justices retire (or Scalia keeps adding to his grease gut) President Obama can replace them with rational, civilized justices.

[Scuba]

5. They would split 5-4, with a narrow majority banning gay marriage...

.... while surfing rentboy.com.

[ShadowLiberal]

7. Either punt (by keeping things the same) or legalize

I don't see how even a bunch of activist conservative judges can possibly justify a ruling banning gay marriage when there's lots of pastors willing to marry them, and even states with gay marriage legalized don't force anyone to marry them who doesn't want to (unless they're a state worker who has to rubber stamp all marriage licenses that meet the state's rules).

Even a 'this is up to the churches to decide as part of the 1st amendment freedom of religion' ruling won't really work, since there's lots of 'open and affirming' churches that strongly support gay marriage, and such a decision would just create far more problems that conservatives also find abhorrent (like legalizing polygamy if even one church decides it's consistent with their faith).