The decision on gay marriage won't be out 'till next June. But lets take a critical look at this for a second. Resisting anecdotal commentary during the hearings what real way does SCOTUS have for bullying the states into gay marriage? None.
First, Marriage is contract law. States have always held sway over such contracts.
Second, Prop 8 was a straight-up vote by the people of CA. SCOTUS striking down Prop 8 as the 9th circuit did would set a pretty serious repudiation of the process of free and open elections.
And third and most important. Should SCOTUS suddenly find a 'right' for gays to marry and override all the 50 states on the issue no question the result would push the country closer to insurrection. The Warren court deriving a right to privacy and hanging abortion on it is still a festering wound on the body politic.
States are getting pretty tired of the federal government overreaching as it has been doing under Obama.
The court can go several ways on the two cases facing them this week. They can kick it back to the states and negate the 9th circuit ruling (once again). They can establish gay marriage as a right under the consitution and force all states to comply. Or they can dismiss the cases before them thus upholding the 9th circuit which struck down Prop 8. At that point CA would be free to fire up gay nuptials despite the will of state residence.
Oh, and let's drop the code phrase 'same sex marriage' shall we? Is there a single example of two heterosexuals males or females getting hitched? No.
Blow By Blow On Hearing
Live Tweets On Hearing
Anti Gay Marriage Protests In Paris
North Dakota Tosses 'Roe v Wade'
Scalia: 'When Did It Become Unconstitutional To Ban Gay Marriage'
SCOTUS To Throw Out DOMA Cases