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Hawaii Gay Marriage


Gar1eth
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If any lawyers or other legal scholars are out there- I'd love an explanation.

 

My understanding is that a case from 2011 was suing the state in Federal Court for the right of same sex marriage (Hawaii at the time had a state constitutional amendment saying that the legislature could decide whether marriage was restricted to opposite sex couples. And the legislature had already passed a law with those provisions). The judge found for the state. The plaintiffs have taken the case to 9th Circuit Court Of Appeals, and the case was just heard. But in the meantime Hawaii has passed a same sex marriage law which would seem to make the case before the Court of Appeals meaningless. I mean if the Court affirms the original ruling- ok the plaintiffs lose but same sex marriage is still legal in Hawaii. And if the plaintiffs win, then same sex marriage is still legal in Hawaii. So what's the point other than if they win other than a moral victory? Of course I guess the case could be one of the cases presented to the Supreme Court whether they win or lose.

 

Gman

Gman

 

In brightest day, in blackest night, No evil shall escape my sight. Let those who worship evil's might, Beware my power, The Great Gazoo is always right!!!!

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Of course I'm biased, and not a lawyer, and understand that simple-minded common sense sometimes rarely prevails in courts of law,

which may be deciding things on very narrow grounds.

 

However, given the many other decisions the 9th circuit course has made, I think it is unlikely that it will uphold the original

ruling, and the point may be to erase whatever precedents the original ruling established in terms of states rights versus

equal protection.

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