Quote:
Originally posted by Mike F+Dec 9 2004, 08:47 PM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Mike F @ Dec 9 2004, 08:47 PM)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin-Bleeding Red@Dec 9 2004, 12:37 PM
I agree, it is unlikely the SC would change it's opinion.
but, this may seem snide (sorry, I really do not mean to be rude) maybe Trudeau didn't think he could win and didn't want to put in the effort.
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Sorry, but you just have a fundamental misunderstanding about this.
Any opinion of the Supreme Court is the same and has the same weight, whether it is offered by way of a reference from the government, a criminal case or a civil case. It is the final legal ruling on the matter.
It is now a fact of law that the Federal government has the power to legislate over marriage by virtue of the division of powers in the Constitution, and the only way to change that is to change the Constitution and then get a new opinion from the Court [/b][/quote]
You are right. I am not a lawyer and have never been to law school.
Just to help my education could you refrence your post? Are you a constitutional lawyer or in law school? Is there a book or an article about SC opinions vs rulings?
For my understanding, based on your post - the basic idea is that the Gov can now legislate over marriage and if they choose to define marriage as 1 man & 1 woman will the SC overturn that if a gay couple brings a lawsuit?
What's the purpose of just getting an opinion then? To show the conservatives that they could be facing a lawsuit if they don't vote in favour?