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Thread: SCOTUS blog: DOMA Unconstitutional

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by apdst View Post
    Short answer? no.

    Stop the victimhood.
    Dude. I'm a fairly socially conservative fellow who agrees that as a society we tend to rush to reaffirm whatever a gay person does or says about sexuality, and that this enables and encourages victimish behavior... but even I'll come to YS's defense on that one - there was nothing victimish about the section you quoted - but rather an actual discussion of the ruling.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    Isn't that the purpose of analyzing the Supreme Court decision? There are certainly indications in their decision that seem to indicate and even invite nationwide challenges....and unless the idealogy of the Supreme Court shifts over the next few years, it certainly is a clear sign of hope for an end to discrimination nation-wide.
    I think it will take at least one more Justice to give the firm majority on it, but yes, I see the support as well for even overturning state bans. Especially since any case would take at least another year or two to reach the SCOTUS. What it likely will take is a case in the deep South to ensure that there is standing for either side, no matter each lower court's decision.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by cpwill View Post
    no - SCOTUS seems to have deliberately avoided ruling on it. The only thing I see suggesting either way is the reaffirmation of the right of the States' definition to prevail over that of the Federal Govt.
    What I read was awhile ago, and my memory at my advanced age is not perfect. I would like YS to clarify what she is asking a bit, and then, well, there are lots of details still needing answers.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    With Kennedy's caveat that there is no legitimate state interest in limiting marriages to "straights only".
    I didn't see that - could you point me to it?

    That is a clear invitation to bring a challenge that will allow for a nation-wide ruling. Why do you think Scalia was so vitriol in his dissent. The writing is on the wall.
    perhaps so. That would explain certainly why he centered on the Court's opinion of itself as some kind of Super-Legislature, the electi masters of us all.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by roguenuke View Post
    I think it will take at least one more Justice to give the firm majority on it, but yes, I see the support as well for even overturning state bans. Especially since any case would take at least another year or two to reach the SCOTUS. What it likely will take is a case in the deep South to ensure that there is standing for either side, no matter each lower court's decision.
    I don't think so at all. Kennedy clearly said in the opinion that there is no legitimate state interest in limiting marriages to straight only. That is a pretty solid 5 votes for a nationwide ban on laws discriminating against gays. Unless something dramatically occurs on the Supreme Court changing the balance the writing on the wall is clear. Thank God and Obama for saving our Supreme Court.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    Isn't that the purpose of analyzing the Supreme Court decision? There are certainly indications in their decision that seem to indicate and even invite nationwide challenges....and unless the idealogy of the Supreme Court shifts over the next few years, it certainly is a clear sign of hope for an end to discrimination nation-wide.
    I'm not opposed to sanctioning gay marriage, if the government has to be involved - it's only fair - however, I don't see how this ruling leads to your conclusion. If the court ruled that the state's definition of marriage cannot be abrogated by the federal government, how is it that the court would later rule that a state's definition of marriage can be abrogated by another state's definition?
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by davidtaylorjr View Post
    God's are better than everyone else's.
    Why doesn't he come and tell me himself?

    Why does he have to play games?
    Anyone wondering what I'm talking about start here:
    The Psychology of Persuasion

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    Isn't that the purpose of analyzing the Supreme Court decision? There are certainly indications in their decision that seem to indicate and even invite nationwide challenges....and unless the idealogy of the Supreme Court shifts over the next few years, it certainly is a clear sign of hope for an end to discrimination nation-wide.
    There is, but as the people over at SCOTUS blog who I dare say I beleive are FAR more intelligent, educated, and untouched by significant bias in this than the vast majority of those discussing this on this forum...there are significant indications out of these rulings that point in BOTH directions

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by What if...? View Post
    Why doesn't he come and tell me himself?

    Why does he have to play games?
    He did tell us actually, repeatedly.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    Well then...thats good. Gay marriage is legal in Ohio then.
    The federal statute is invalid, for no
    legitimate purpose overcomes the purpose and effect to
    disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.
    By seeking to displace this protection and treating those
    persons as living in marriages less respected than others,
    the federal statute is in violation of the Fifth Amendment.
    This opinion and its holding are confined to those lawful
    marriages.
    Which means the federal government can't redefine what the state has already defined. You are misinterpreting the decision.

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