Grow a Fucking Pair

Why are the Justices of the United States Supreme Court so scared to do their fucking job?  That is the impression I got from oral arguments yesterday and today in the two marriage equality cases before the Supreme Court this term.  A lot of time (10 minutes for Prop 8 and 50 minutes for DOMA) was taken at the start of each oral argument to find out if the plaintiffs in each case standing.  That's right, 1/6 of oral arguments in the Prop 8 case and almost 1/2 of oral arguments of the DOMA case was spent on how the Justices might be able to kick the cases and avert doing their job.

Remember, at least four Justices voted to accept to hear these cases this term and scheduled oral arguments.  Two of the most important gay civil rights cases since 1996's Lawrence v. Texas and the Justices are looking for away to avoid handing down a real decision.  They would rather punt.  And that includes the "liberals" on the Court.

Is it too much to ask the Justices of the Supreme Court to grow a pair of fucking balls and do their job?  Is it too much for these Justices to say that this issue is too important to push down the road?  Is it too much for these Justices to say the time is now, not later, but now for them grant "equality under the law" to gays and lesbians in regards to marriage?

If not now, when?  I am getting very tired of asking that question in regards to equal rights.  So, I am going to ask this simple question of the Justices: Will you please grow a pair and find that discrimination against gays and lesbians in regards to marriage is a violation of the equal protection clause of the 14th Amendment in both the Prop 8 and the DOMA cases?

Just grow a pair and do your fucking job.

Marriage Equality Update

Even after the victories for marriage equality in Maine, Washington and Delaware (and to a lesser extent Minnesota), all eyes will be in the US Supreme Court this Friday as they head into a long delayed private conference to tackle 6 petitions related to marriage equality.  Two of the cases involve a right previously recognized and then removed by either popular vote, Proposition 8 in California, or by legislative action as in regards to the case out of Arizona.  The remaining petitions deal with the notorious so called Defense of Marriage Act or DOMA which denies federal recognition of same-sex marriages.

The question they will answer in conference is which, if any, of the cases they will hear oral arguments on.  They could deny cert and let the lower courts' decisions to stand without comment, they could decide to hear each of the individual cases, combing those asking the same basic constitutional question or they could remand to the lower courts with or for clarification.

After talking to a friend who has experience with the Supreme Court and considering the ideologies of the individual justices, I believe the following decisions will be made:

• Prop 8 and Arizona - Both cases basically come down to can a right that was recognized be taken away.  In both cases, the 9th Circuit ruled that no, you can't take a way a right previously recognized.  I think the Supreme Court is going to deny cert in both cases.  As much as certain justices might be biting at the bit to rule one way or the other, I believe that they don't want to delve into this issue just yet.  By denying the cert, they don't have to rule on the broader issues and the decisions of the lower courts are narrow enough for the Justices to feel comfortable in denying cert.
• DOMA - I think the Justices will agree to hear the cases, but in a combined format.  I also think that the Justices will punt by deciding which standard of scrutiny the various courts are supposed to use in regards to marriage equality without dealing with whether or not DOMA is constitutional.

As anyone knows with the Supreme Court, any guess as to how the Justices will decide is just that, a guess.  What we can be assured of is that President Obama will most likely have the opportunity to appoint three, maybe even four justices.  This fact could way heavily on the Justices or it may not matter at all.

Lyle Denniston over at SCOTUSBlog is doing a great preview of the cases.  Be sure to check it out for more views.