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Thread: New York appeals court strikes down Defense of Marriage Act

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    New York appeals court strikes down Defense of Marriage Act

    This is the second ruling against DOMA by a federal appeals court

    New York appeals court strikes down Defense of Marriage Act

    New York (CNN) -- A federal appeals court in New York became the nation's second to strike down the Defense of Marriage Act, finding that the Clinton-era law's denial of federal benefits to married same-sex couples is unconstitutional.

    The divisive act, which was passed in 1996, bars federal recognition of such marriages and says other states cannot be forced to recognize them.

    Read the ruling (PDF)

    The court's justification for its decision
    [W]e conclude that review of Section 3 of DOMA requires heightened scrutiny. The Supreme Court uses certain factors to decide whether a new classification qualifies as a quasi-suspect class. They include: A) whether the class has been historically “subjected to discrimination,”; B) whether the class has a defining characteristic that “frequently bears [a] relation to ability to perform or contribute to society,” C) whether the class exhibits “obvious, immutable, or distinguishing characteristics that define them as a discrete group;” and D) whether the class is “a minority or politically powerless.” Immutability and lack of political power are not strictly necessary factors to identify a suspect class. Nevertheless, immutability and political power are indicative, and we consider them here. In this case, all four factors justify heightened scrutiny: A) homosexuals as a group have historically endured persecution and discrimination; B) homosexuality has no relation to aptitude or ability to contribute to society; C) homosexuals are a discernible group with non-obvious distinguishing characteristics, especially in the subset of those who enter same-sex marriages; and D) the class remains a politically weakened minority.
    It all comes down to "What is the societal benefit which justifies treating a discernible 'class' as worthy of discrimination?"
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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    Re: New York appeals court strikes down Defense of Marriage Act

    obama not bad.jpg


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    Re: New York appeals court strikes down Defense of Marriage Act

    Poop - I did not see that a thread had already been started. My apologies and a request to mods to merge the threads.
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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    Re: New York appeals court strikes down Defense of Marriage Act

    Yay for striking down this joke of a law! Take it up to SCOTUS and settle it once and for all.
    Omniscience just sucks without omnipotence!

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    Re: New York appeals court strikes down Defense of Marriage Act

    All of their victories now come through liberal courts rather than popular vote. Not at all something to celebrate actually, quite the opposite. It is a false victory to celebrate defeating the will of the people.

    That is why beneficiaries of Affirmative Action are ridiculed, that is why the immigrants are so hated.
    Last edited by Ray410; 10-18-12 at 09:37 PM.

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    Re: New York appeals court strikes down Defense of Marriage Act

    Quote Originally Posted by Ray410 View Post
    All of their victories now come through liberal courts rather than popular vote. Not at all something to celebrate actually, quite the opposite.

    So a court and its judges are automatically "liberal" if they issue a ruling you disagree with? amirite?

    (Dennis) Jacobs, the author of the majority opinion, was appointed to the court by former Republican President George H.W. Bush. He is not the first Republican appointee to rule against the Defense of Marriage Act. In May, a federal appeals court in Boston also found the law's central provision unconstitutional, with an opinion written by Republican appointee Judge Michael Boudin.

    More on the "liberal" judge, Dennis Jacobs
    Chief Judge Dennis Jacobs is a very conservative judge. He joined a court decision effectively declaring corporations immune to international human rights law —
    even when they “trade in or exploit slaves, employ mercenary armies to do dirty work for despots, perform genocides or operate torture prisons for a despot’s political opponents, or engage in piracy.” And he once gave a speech to the conservative Federalist Society decrying the “anti-social effects” of attorneys providing free legal services to the less fortunate.
    In a 2 - 1 decision, it was a Clinton appointee who dissented.
    “And I have no doubt that every new example will succeed, as every past one has done, in shewing that religion & Govt will both exist in greater purity, the less they are mixed together.”
    ~ James Madison, letter to Edward Livingston, July 10, 1822

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    Re: New York appeals court strikes down Defense of Marriage Act

    Are the courts finally going to recognise that gay unions are covered under the 14th amendment. Is this the beginning of the trend?
    "Those who do not learn from history and condemned to relive it".

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    Re: New York appeals court strikes down Defense of Marriage Act

    This could be the case that sways SCOTUS, imo. The inability of gay couples to take advantage of estate and gift tax exemptions is one of the most powerfully unjust and unfair aspects of DOMA.

    I was actually thinking about bringing my own case in the Second Circuit related to gift tax issues. Would probably have been fun, but I'm not too disappointed.
    (avatar by Thomas Nast)

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    Re: New York appeals court strikes down Defense of Marriage Act

    Quote Originally Posted by Ray410 View Post
    All of their victories now come through liberal courts rather than popular vote. Not at all something to celebrate actually, quite the opposite. It is a false victory to celebrate defeating the will of the people.

    That is why beneficiaries of Affirmative Action are ridiculed, that is why the immigrants are so hated.
    Federal legislation is not subject to popular vote. Never has been.

    And you know what? **** the will of the people. Liberty is not subject to your vote. You don't get to vote away someone else's liberty because you think it's icky.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: New York appeals court strikes down Defense of Marriage Act

    Quote Originally Posted by Deuce View Post
    Liberty is not subject to your vote.
    Actually it is. It always has been and it always will be.
    Last edited by Henrin; 10-18-12 at 10:33 PM.

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