View Single Post
Old May 14th, 2013 (8:41 PM).
Entermaid's Avatar
Entermaid Entermaid is offline
Join Date: Jan 2013
Location: The States
Gender: Other
Nature: Adamant
Posts: 2,107
The best bet is the S.C. cases pending judgment in the next month or two. If the Court decision in the Windsor case decide LGBT rights fall under strict scrutiny, then same sex marriage state laws will likely be unconstitutional for breach of equal protection clause given that least restrictive means is not being employed by banning gay marriages. Though, this one will be a nail biter!! I am guessing a 5-4 against DOMA's constitutionality. Thus, it is plausible that anti-same-sex marriage laws will be unlawful in the coming months, but that is assuming that state laws regarding same sex marriages are included in the decision, and that the decision is in opposition of DOMA.

Prediction: upholding DOMA

Prediction: DOMA unconstitutional
Reply With Quote