So I read the entire oral arguments. I should probably read the briefs, but I need to get back to my actual legal studies.
Anyway, the biggest issue that I’m seeing right now is the jurisdictional issue. Does a group of people have the right to represent the State of California in a Supreme Court Case when elected/appointed officials of the State of California are not representing themselves?
Then the Justices must decide if this case with effect just California or the entire United States? Another way they looked at it was if it would only affect states that actually have any benefits for Same-Sex couples, making it unconstitutional to give them any rights without giving them all the rights including the label of marriage. Which is a double edged sword obviously.
Then of course, they must decide the constitutionality of the voter initiative, Proposition 8.
Every one of these things is dependent on the answer to the previous question. Tomorrow there are more arguments. Then conference day is Friday. We’ll get a decision whenever they decide to render it.