court hasn’t agreed so far, they need 4/9 to agree to hear it and 5/9 to overturn it. agreeing to hear it is a bad sign, but it doesn’t necessarily mean it’s being overturned, but they haven’t even agreed to anything yet so we’ll see

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Anonymous #8 19w

don’t think you fully understand executive orders or the scotus ruling on presidential powers if you think he can ban gay marriage through it. executive orders aren’t laws, they’re just instructing the executive branch how to function, there’s no order he can give to stop all states from issuing marriage license to lgbt people.

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Anonymous #8 19w

also, that scotus ruling didn’t actually give him extra powers, it just said that if he does anything that’s considered a “presidential act” he can’t or prosecuted for it (there’s some issues with this but it still doesn’t give him unlimited powers)

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Anonymous #8 19w

if the supreme court overturns obergefell, we’re going back to a point where it’s a states rights thing (like abortion). unless they also declare the respect for marriage act illegal, or congress overturns it (it passed with a bipartisan filibuster-proof vote), states are still legally required to recognize gay marriages even if they aren’t allowed to issue gay marriage license in their states

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i still definitely think that’s a problem i was more objecting to the idea that with just an executive order, he can do away with gay marriage. scotus has slowed down ways of stopping him, but they haven’t given him new pathways to exert power, he still has to go through the old, albeit weakened systems, and that system never game him the power to regulate gay marriage through executive order

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yes he can write whatever he wants in an executive order but no he doesn’t have the power to enforce it. all executive orders do is tell federal agencies how to act. he can’t legally make a county clerk in california stop issuing marriage license for gay couples, there’s no federal employees there. he can always intimidate them through troops/whatever, but that’s still not making gay marriage illegal, threatening isn’t the same as making it illegal for them to do it

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