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Thread: SCOTUS blog: DOMA Unconstitutional

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    Re: SCOTUS blog: DOMA Unconstitutional

    Nevermind, reading things backwards

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    Re: SCOTUS blog: DOMA Unconstitutional

    Thius quote from, Kennedy should blow poor Tucker's mind:

    Quote Originally Posted by Justice Kennedy
    The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, and whose relationship the state has sought to dignify.
    Note quite how I think Tucker views the constitution, though I could be wrong. Personally I like the quote.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Zyphlin View Post
    The prop 8 ruling, from my limited reading, seems a strange mix of increasing the power of the states at the expense of the CITIZENS, not the federal government as is usually the case. Essentially, and I may be reading this wrong, it seems to be suggesting that if a referendum is passed that the state government doesn't like and the new law is found to be "unconstituional" by a lower level court then that's the end of it. Citizens have no further recourse to appeal the courts ruling without somehow showing that not enforcing their justly voted for law directly harms them.
    Not the state government. The State Executive.


    Governors and Attorney Generals, it turns out, have the ability to de facto overturn their State Constitutions at will. Isn't that interesting.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    Yeah, oranges are much more ideologically consistent.
    And oranges are often sweet, which is more than I can say for Scalia
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    But if someone from the states that has a ban on SSM sues their states(which I'm assuming is already being planned ), or if someone is married in one state that allows, and moves to one that bans, and sues, it bodes well for a broad ruling that will make SSM the law of the land.
    Exactly!!!! The SCOTUS ruling on 5th Amendment grounds certainly signals and invites a nationwide challenge. This is the SCOTUS not wanting to move too fast at once, but it is a clear indication that the days of state "Straight only" marriages are numbered. A Great Day for America!!!!
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by cpwill View Post
    DOMA didn't invalidate that recognition. It failed to extend it to federal facets only. Had DOMA sought to effect state level procedures, I think you would be correct, and this would be "big government".
    Ah, but if a state recognizes a marriage as valid, that state has made it so that said marriage as equal to all other marriages recognized by that state.

    If the federal government steps in and says, "No, that marriage is not equal to this marriage" they are invalidating that marriage in a de facto way.
    Tucker Case - Tard magnet.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by roguenuke View Post
    Morals are subjective. You have your morals, the rest of us have ours. Yours are no better than anyone else's.
    Interesting. Worth another thread - but I would bet, when put to the test, you don't actually believe that.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    Ah, but if a state recognizes a marriage as valid, that state has made it so that said marriage as equal to all other marriages recognized by that state.

    If the federal government steps in and says, "No, that marriage is not equal to this marriage" they are invalidating that marriage in a de facto way.
    no, they are simply failing to extend its' validation to the federal level, but leaving it with the State. I get the unequal treatment argument (though I reject the "invalidation", as nothing is removed or un-validated), I just also think that the Federal Government has the right to make the definitions that it imposes upon its own officers.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by roguenuke View Post
    Morals are subjective. You have your morals, the rest of us have ours. Yours are no better than anyone else's.
    God's are better than everyone else's.
    Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.

    Ronald Reagan

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    Re: SCOTUS blog: DOMA Unconstitutional

    From SCOTUSblog:


    ...We've had a few questions about Section 2 of DOMA. Section 2 of DOMA gives states the power to make the decision whether to respect same-sex marriages from other states. The Court does not discuss Section 2, but if there was to be a case about Section 2, both sides could find support in today's opinion. Challengers to Section 2 would argue that it is rooted in the same "bare animus" that the Court held characterizes Section 3. Defenders of Section 2 would argue that Section 2 is really about the states' rights to define marriage, which today's opinion supports....

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