Originally Posted by Chip R
Good for that Oklahoma couple. However, even thought these laws seem to be blatantly unconstitutional, I could still see them denying the plantiffs' suit because of some technicality. I wonder how far the state(s) and the federal government are willing to go to fight this? It's obvious the voters in these states support these bans overwhelmingly so a governor who is looking to be re-elected may try to fight tooth and nail any attempt to overturn the ban. Even if a federal court decides against the plaintiffs for whatever reason the Supremes may not decide to hear the case and let the ruling of the lower court stand. I just don't think it's going to be as easy as saying, "The 14th Amendment says this ban is wrong" and expect it to be overturned.
The Supreme Court has precedent for deciding this case. Consistently, the court has favored the approach of "if the Constitution doesn't rule it out, and it doesn't infringe on other's rights, then states cannot legislate against it."
It may be interesting to see whether the Supreme Court chooses to hear this case. On one hand, popular opinion has no effect on them. They are elected for life, so they can decide based entirely upon legal opinion.
On the other hand, if they do decide for the homosexual couple, then they provide the impetus for a Constitutional Amendment. Quite a sticky situation.