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Fox Wants More Judicial Activism On Same-Sex Marriage Cases

The Supreme Court denies same-sex marriage appeals from 5 states. But this fight isn't over yet, as Louisiana holds the key to keeping homophobia alive.

Fox's judicial analyst Judge Andrew Napolitano appeared today on America's Newsroom with Martha McCallum. He was on to explain the shocking Supreme Court's rejection of five states' appeals to allow same-sex marriage.

Napolitano said that when it's inevitable that the court has to rule on something, they usually make the decision sooner rather than later "to get that inevitability over with." He was surprised that The Court decided to wait on their decisions until the Appellate Courts are at odds with the Federal Courts. Every Federal Appeals Court has ruled in favor of those damned, same-sex marriage advocates. McCallum wanted it explained further.

The Revisionist historian and shaved werewolf clarified,

"This means same-sex marriage is lawful in about thirty states in the union plus the District of Columbia, that all marriages are valid. Those state officials who authenticate marriage are compelled to go forward. The Supreme Court has ruled that the provisions of same-sex marriage are to be upheld until a Fifth Circuit case is heard The state laws invalidating same-sex marriage and the state constitutional provisions invalidating same-sex marriage are no longer valid for the time being...The Supreme Court did not rule on the merits today, but said they're not going to get involved at this point."

The last great white hope lies with the Fifth Circuit Court which includes Texas, Mississippi and Louisiana, all bastions of Christian family values. This particular case involves a New Orleans judge named Martin Feldman who actually upheld the same-sex marriage ban of the state of Louisiana. If this decision is upheld by the Federal Appeals Court which would make the Fifth Circuit at odds with the rest of the country, then the Supreme Court will weigh in. Feldman agreed with state attorneys who argued that states have the right to define marriage. It's unfathomable to Martha that the ballot measures voted on and approved by the ultra-regressive Republicans of those states don't hold any weight in the decision of the Roberts Court.

Fox wants the viewers to keep hope alive that this Louisiana case may just keep that awful homosexual agenda at bay. The Conservative, Christian Court is not done trying to win this battle, no matter how much the nation's opinions move forward on marriage equality.


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If Hobby Lobby and McCutcheon are any indication of how this may turn out, this may just be the redemption the Roberts Court craves since its betrayal of Republicans with the 2012 Affordable Care Act ruling. The five conservative-regressives on the bench know exactly how they want this to go, but are likely stalling to maintain a semblance of proper judicial review. The Roberts Court is looking for a way to ensure that the Christian States of America stays as backwards-thinking as they are.

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