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Thread: SCOTUS blog: DOMA Unconstitutional

  1. #201
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    And if anything, the court is likely to get more liberal. If one conservative judge leaves a vacancy within the next 3 years, it will swing to 6-3.
    And I think this is more solid because I think Kennedy or one of the other even liberal Justices may be reluctant to strike down state bans without that extra Justice to support it. It is absolutely possible, just seems they are being reluctant to make sweeping rulings lately with the current divide of the Court.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    Yes...this is why the last election was so important. I thank God every day that Obama was re-elected to ensure that our Supreme Court does not fall into the hands of the activist Roberts/Scalia/Alito/Thomas agenda.
    As opposed to the activist liberal wing of the Supreme Court? LOL

    Dude, you're so transparent it hurts my eyes to read your posts.


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  3. #203
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Hicup View Post
    Hehe, well, last time I checked the federal government legislates from the congress, not the Supreme Court. Good luck trying to get 535 legislators to agree on that. Right now as it stands the federal government does not have a position on gay marriage, or any marriage - as in my opinion, this ruling makes any federal marriage law moot when applied to the states, and anyone not employed by the federal government.


    Tim-
    By striking down the sex/gender restriction in DOMA, the law goes back to what it originally was, and that is whatever the state considers a legal marriage for them, is a legal marriage for federal recognition. It is not in any sort of limbo.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

  4. #204
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    Basically, my thought process is that since they struck DOMA down on the basis of equality, it sets court precedence, and that all laws prohibiting SSM could be seen in the same light.
    They struck down DOMA on the basis of equal protection(not quite the same thing as equality) in light of states rights. While that will be a factor in cases going forward, and does seem to establish equal protection as covering SSM, there are a number of ways they could sidestep it. However, it does mean that in future rulings on bans of SSM, the state would have to show at the very least a rational basis for those laws, which is difficult at best.
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  5. #205
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Zyphlin View Post
    While his current notion is that, there's no indication how strongly he feels regarding that nor how he weighs his particular view on that in relation to the notion of the states rights to set its marriage laws. Leaning one way or another is one thing, but there's no "slam dunk" type of reading here where all signs point one way or another.
    Thats true. However, it is pretty clear that Kennedy is cementing his legacy. Its unlikely that he is going to do a complete 180 and his indication in this ruling that there is no legitimate state interest limiting marriage to "straights only" is a pretty clear indication that he not likely to flip on that.
    <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 roguenuke View Post
    By striking down the sex/gender restriction in DOMA, the law goes back to what it originally was, and that is whatever the state considers a legal marriage for them, is a legal marriage for federal recognition. It is not in any sort of limbo.
    But you are failing to recognize the clear indication that invites challenges to "straight only" discrimination. True, state limitations live another day, but you would have to be completely oblivious to not see the writing on the wall.
    <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 disneydude View Post
    You are correct. However, there is no need to have congressional legislation. There are 5 clear votes on the Supreme Court that there is no legitimate state interest in limiting marriage to "straights only". The days of marriage discrimination are numbered. States can try to continue to discriminate but there will be a ruling in the very near future striking down discrimination for once and all. The writing is clearly on the wall.
    Legitimacy and rationale are matters of opinion. Opinions sought by representatives, and then legislated for. Kennedy's opinion that there is no legitimate state interest is his own. All in all, a pretty good decision actually, because it gives back to the states that which was eroding fast, and that is their right to govern themselves without federal interference.


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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by CanadaJohn View Post
    I wouldn't make that jump - what the ruling says, as I understand it, is that the state has the right to define marriage and the federal government has no authority to nullify or alter that definition. The ruling does not say that one state's definition must be accepted by all states or that all states must sanction gay marriage because one or any state does.
    The bolded(again...why I do this mostly just with your posts I do not know...), I do not think the ruling says that. As I understand it, the ruling says that in this case the federal government does not have the authority to nullify the states definition because it does not serve a legitimate purpose.
    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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    SCOTUS blog: DOMA Unconstitutional

    Thank God this is over. Now we can get on to important NATIONAL issues. Things like insane debt, war, and federal government corruption.
    The Crowd is not the sum of its parts.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    Yes...this is why the last election was so important. I thank God every day that Obama was re-elected to ensure that our Supreme Court does not fall into the hands of the activist Roberts/Scalia/Alito/Thomas agenda.
    Roberts has been fairly middle of the road. Bush said he wasn't an activist judge, and it certainly looks like he isn't.

    I kinda like Roberts. Smart guy, rules on the law and the merits rather than a partisan agenda.


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    This issue has been plowed more times than Paris Hilton.
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    Too bad we have to observe human rights.

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