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Thread: SCOTUS blog: DOMA Unconstitutional

  1. #211
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Hicup View Post
    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.


    Tim-
    Yes, but it is an opinion that is held by the other 4 Justices that sided with him on this opinion. Where are you going to get your fifth vote to uphold state discrimination for "straight only" marriages unless it is Kennedy? Any hope that the balance of the court will shift is unlikely. The only person likely to go is Ginsburg and she will not be replaced by a right-wing conservative like Scalia. So where is your 5th vote?
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by stonewall50 View Post
    Thank God this is over. Now we can get on to important NATIONAL issues. Things like insane debt, war, and federal government corruption.
    That'll have to wait until after the Zimmerman/Martin thing is over.


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    This issue has been plowed more times than Paris Hilton.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by stonewall50 View Post
    Thank God this is over. Now we can get on to important NATIONAL issues. Things like insane debt, war, and federal government corruption.
    This is a court case and has exactly jack and **** to do with any of that, and likewise no effect on any of that, nor does it prevent the other branches who actually handle that stuff to do their job.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    It's rather interesting, it seems to me that this is leading up to a big case, similar to Prop 8, that will make SSM legal everywhere. It seems like the only reason we didn't get that today, is because of procedural reasons.
    I think you are wrong on both counts. "Procedural reasons" i,e, due process is more likely the reason SSM supporters got what little they got today. supporters would be better off to stop trying to bypass the legislative process though the Courts with a Hail Mary and trying to force their political will on states through the courts and actually develop a running game state by state involving a better PR strategy than trying to equate themselves with oppressed blacks and use the legislative process to get whatever they can get whether it be separate civil unions or marriage. The "We want to have loving families too/we want people to stop beating us to a pulp when we walk down the street" angle will work better than the "Christians/conservatives are evil who must be beaten" strategy IMO.

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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.
    Can you name one of any of Roberts, Scalia, Alito, Thomas who are set to resign in the next two years? It would require one of them to retire soon in order for Obama to be able to swing the court to the left and he'll need about a year to get any truly liberal justice through the Senate, particular after the Senate perhaps changes majority in 2014. It is far more likely that Justice Ginsburg or Justice Breyer will either retire or pass away than it is for any of the conservative four to do so - and Kennedy is likely to stay on, past Obama's term, because he likes being the swing vote and he's more conservative than liberal in the majority of his opinions.
    "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

    This is such a hilarious decision

    It's going to open up a Pandora's Box for all kinds of Frankenstein "Marriage" experiments that don't mean anything. But hey, people want their tax incentives so anything goes, including Polygamy and Group Marriage now. The United States has become an Oligarchy run by lawyers in black robes.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by davidtaylorjr View Post
    He did tell us actually, repeatedly.
    He's omnipotent.

    He could tell ME if he wanted to.

    But he wants 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

    This was a giant trampling of states' rights. Liberals tend to use phrases like "equal rights" and "full faith and credit" to blast open doors that allow even one hyper-liberal state to essentially spit in the face of 49 others by saying that when it sets the rules, the other states must fall in line like dominoes.

    I would consider this a victory if it was a giant step in the direction of "gays can STFU now", but I doubt that this is the end of anything. It's more likely the soapbox for even louder bitching - if that's possible.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Bronson View Post
    This is such a hilarious decision

    It's going to open up a Pandora's Box for all kinds of Frankenstein "Marriage" experiments that don't mean anything. But hey, people want their tax incentives so anything goes, including Polygamy and Group Marriage now. The United States has become an Oligarchy run by lawyers in black robes.
    This is quite clearly the single biggest epitomization of a slippery slope fallacy I think has ever graced DP.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    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.
    Oh it could, and I'm sure those arguments will be in the dissent of people like Scalia, Thomas, and Alito. But with today's rulings it makes the possibility of a broad sweeping ruling in a future case much more likely.

    Especially since the way the court has ruled on gay rights issues over the past decade, and I don't think that Kennedy would rule against a case where gay rights is the focus.
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