Originally Posted by Red Heeler
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.
The Supremes - even the moderates and liberals - aren't exactly a real progressive bunch. They are people in their 60s, 70s and 80s who probably aren't as enlightened about something like this as younger people are no matter how socially liberal they are.
But even if the Supremes do decide for the gay couple, I think it would be pretty tough to get a constitutional amendment passed. It's got to get past the House and Senate by a 2/3 majority. And who knows what will happen by then. It takes years for cases to reach the Supreme Court and they don't exactly decide them overnight. Although on the long shot that an amendment does pass both houses, I could easily see 2/3 of the state legislatures passing it.