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Thread: Supreme Court will tackle same-sex marriage

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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    I doubt it. Loving involved discrimination based only on race which took a constituional amendment to enforce, this involves "choice" or "preference". At what point does "preference" become an overriding factor to state law? If something is not mentioned in the constitution as a federal power, then it is rightly left to the states. If I prefer to drink in a bar on sunday, marry two people or to gamble in a casino does that make it a right? If one state allows or condones something then must all others?
    The issue will be that even without strict scrutiny does DOMA violate the equal protection clause, so Loving isn't going to matter much. I think it does. We'll see.

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    Re: Supreme Court will tackle same-sex marriage

    I think gay rights will likely win. But in somewhat abstract less than absolute language.

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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by winston53660 View Post
    DOMA is discrimination based on gender.
    DOMA is unconstitutional, because it violates states rights. It is not discrimination to define a contract between one man and one woman. This has existed for centuries. It is no more discrimination to deny GLBT "marriages" than to offer them, it is simply a matter of state contract law. Why is not having SSM contracts any more discriminatory than not having polygamy contracts?
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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    I doubt it. Loving involved discrimination based only on race which took a constituional amendment to enforce, this involves "choice" or "preference". At what point does "preference" become an overriding factor to state law? If something is not mentioned in the constitution as a federal power, then it is rightly left to the states. If I prefer to drink in a bar on sunday, marry two people or to gamble in a casino does that make it a right? If one state allows or condones something then must all others?
    This logic would apply if sexuality were a conscious choice. Convince me that you choose to be straight and attracted to women.
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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by head of joaquin View Post
    The issue will be that even without strict scrutiny does DOMA violate the equal protection clause, so Loving isn't going to matter much. I think it does. We'll see.
    DOMA does not violate equal protection, it violates the 10th amendment. Marriage is not a federal power, these are state contract law issues.
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    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

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    Re: Supreme Court will tackle same-sex marriage

    It is interesting that the court chose to hear US V Windser instead of the 2 DOMA cases from Massachusetts. Kagan would have had to recuse herself in the 2 Mass. cases, but can sit on Windser. I think that might be a big clue as to likely outcome. DOMA is almost certainly DOA, with a states rights argument appealing to conservative justices. The Prop 8 case is more up in the air, but the most likely ruling would bne against prop 8.

    Edit: The Windsor case only will look at Section 3 of DOMA. This is the wording of that:

    Section 3. Definition of marriage
    In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.
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    Supreme Court will tackle same-sex marriage

    Will interesting to see if try argue based on discrimination towards homosexuals or on gender.

    My personal hope is that they go the latter, as its a more simple constitutional case and less controversial as it does not require elevating sexual preference to a higher tier of scrutiny under the EPC

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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by tessaesque View Post
    This logic would apply if sexuality were a conscious choice. Convince me that you choose to be straight and attracted to women.
    Convince me that prefering to have two (or more) wives is not equally as strong a desire.
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    Therefore all progress depends on the unreasonable man.” ― George Bernard Shaw, Man and Superman

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    Re: Supreme Court will tackle same-sex marriage

    DOMA is unconstitutional because it restricts a state's right to legalize SSM. SSM is a state issue and hopefully the court will respect the rights of states that have defined marriage as a union between a man and woman.
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    Re: Supreme Court will tackle same-sex marriage

    Quote Originally Posted by ttwtt78640 View Post
    It is not discrimination to define a contract between one man and one woman.
    The contract is based on gender.

    This has existed for centuries.
    And women were treated like chattel for centuries and limited in various rights because of their gender.

    It is no more discrimination to deny GLBT "marriages" than to offer them, it is simply a matter of state contract law. Why is not having SSM contracts any more discriminatory than not having polygamy contracts?
    When the SCOTUS gets a case involving polygamy we should diswcuss it. In the mean time the case being presented deals with DOMA and prop 8

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