The California Prop. 8 case (Perry v. Brown) will make it there sometime this year, but the reasoning there has so far had to do with the narrower question of whether a state can take something deemed to be a basic right away after judicially granting it. So even if Prop. 8 goes down, which it may or may not, the widest implication will probably just be that states can't ban gay marriage after they've actually started granting legal licenses.
I do not think the current Supreme Court lineup would override all state gay-marriage bans. You never know, because Anthony Kennedy seems to swing more liberal on gay rights than on other issues, but it'd probably take at least one or two more liberal appointees. As it is, Romney has a fair chance of winning the election and appointing two or three more Scalia clones, which would lock in the right-wing majority for decades.
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Date: 2012-05-17 12:57 pm (UTC)I do not think the current Supreme Court lineup would override all state gay-marriage bans. You never know, because Anthony Kennedy seems to swing more liberal on gay rights than on other issues, but it'd probably take at least one or two more liberal appointees. As it is, Romney has a fair chance of winning the election and appointing two or three more Scalia clones, which would lock in the right-wing majority for decades.