Justices Flirt With Throwing Out Prop 8 Gay Marriage Case

http://tpmdc.talkingpointsmemo.com/2013/03/supreme-court-prop-8-arguments.php?ref=fpa

In oral arguments Tuesday morning on California’s Proposition 8, the Supreme Court appeared narrowly divided on the question of whether the Constitution’s guarantee of equal protection affords same sex couples the right to marry — but a majority of the justices appeared skeptical that the case has standing and flirted with throwing it out.

AUDIO: Listen To The Supreme Court’s Oral Arguments On Proposition 8

http://livewire.talkingpointsmemo.com/entry/audio-supreme-courts-oral-arguments-on-proposition-8

chief Justice John Roberts set the tone by asking each of the lawyers to begin by explaining why the case has standing, as the court had specifically instructed the parties to do.

At least five justices voiced skepticism about whether the case was properly before the court. At issue is whether the case was properly defended. California Gov. Jerry Brown (D) declined to defend Prop 8 in court, and the defense was undertaken by one of the original proponents of the Prop 8 ballot initiative in 2008.

“I suppose there might be people out there with a personal interest” in whether gays and lesbians should have the right to marry, said Roberts.

gee you think???  90+% of Americans are fine with this that leaves less then 10% against it and anything else that's not right wing oriented, so what the fuss.

Justice Stephen Breyer said the group defending Prop 8 was “no more than a group of five people who feel really strongly that they should vindicate the public interest.”

Justice Ruth Bader Ginsburg asked the lawyer arguing against Prop 8 whether the Supreme Court has ever granted standing to a proponent of a ballot initiative. Justice Sonia Sotomayor, referring to the plaintiffs, asked, “how does it create an injury to them?”

Kennedy was less convinced standing would be an issue, and Justice Samuel Alito said the California Supreme Court had rightfully authorized the proponents to defend the law. Justice Antonin Scalia was eager not to throw out the case.

“It’s too late for that now. We’re granted cert,” he said. “We’ve crossed that river.”

can you believe the mindset of the court, 5 people the stats say those 5 represent 90%.  this is why there should never again be a lifetime appt. at any level mind farts are all that are iminating from the conservative side of the issue.  we know that when something as high profiled as this is in the media for years that these persons have already formed an opinion and now expct to be talked down, trick is by their standards.