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Thread: SCOTUS blog: DOMA Unconstitutional

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by CanadaJohn View Post
    Seems that way, doesn't it - until you watched him twist himself into a jumbo pretzel in order to make a highly political decision in ruling Obamacare constitutional.
    That's part of what I'm looking at. His reasoning for Obamacare being Constitutional is solid.

    He has a vision of what the law is, not so much with what it should be.


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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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    Re: SCOTUS blog: DOMA Unconstitutional

    Oh man, a Slate article. I guess that about sums it up then folks. Someone call SCOTUS and tell them they forgot something. Get real. DOMA was not about polygamy or any other "Frankenstein (how derogatory of a term, might I add) marriages."
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    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.
    It seems that you're correct. The court did not say that the fed govt can't nullify a states definition. They said the opposite. The feds can nullify BUT ONLY IF such nullification served a legitimate purpose. In their opinion, denying a state the power to recognize a SSM served no legitimate purpose

    This does not mean that, in the future, the court will decide that denying a state the power to prohibit SSM's serves no legitimate purpose. The court suggests the opposite - that denying a state the power to prohibit SSM's would serve the legitimate purpose of enforcing equal protection under the law, which is a legitimate purpose of the federal govt.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Wiseone View Post
    So you're engaged now? Congratulations
    Nah.

    Jist having fun with words.
    Anyone wondering what I'm talking about start here:
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    How does nullifying a federal law banning gay marriage trample on state's rights?
    I say that because I don't think the boulder has run all the way down the mountainside.

    From what i can tell from both rulings, State's will not be compelled to give out marriage licenses to SS couples. Even if the full faith and credit clause forces state's to recognize SSM's from other states, they'll still have the ability to not issue marriage certificates to SS couples.
    If this is exactly how it ends up being, I am totally fine with it. My biggest concern is that it gets overturned to pave a long, verbose road of forcing it completely in the other direction - thus wasting more time and money.

    I'm against any federal law about marriage, but I'd rather that DOMA stands as-is than to attempt a full reversal and 180.

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    Re: SCOTUS blog: DOMA Unconstitutional

    I'm in favor of gay polygamy, but only if all the participants are gun owners.


    Quote Originally Posted by Jetboogieman View Post
    This issue has been plowed more times than Paris Hilton.
    Quote Originally Posted by Oborosen View Post
    Too bad we have to observe human rights.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    Did you read the decision? Good luck...LOL....Kennedy made it clear that there is no legitimate state interest in restricting marriages to "straights only". What makes you believe that Kennedy is going to do a 180 degree shift? You might want to read the decision and also take a look at Kennedy's other related rulings. Kennedy is securing his legacy.
    I appreciate the nuance of Kennedy's position - I don't see it as one sided and cut-and-dried as you do. There was no state before the court that was arguing why they have a "legitimate state interest" in restricting marriage to straights only. If and when the time comes, we'll see what arguments they put forward. I'm not prepared to accept that by the time such a case gets to the Supreme Court that any or all of Kennedy, Breyer, and Ginsburg will be on the court or even alive.
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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.
    Can you show where in this ruling at would apply to polygamy or group marriages? Bet you can't.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by roguenuke View Post
    I do see it. And I don't actually know how it would turn out, but there are indications that the Court does not favor ruling against state rights with just a 5-4 majority, even when it is a clear violation of EPC. It sucks, but there are a lot of ways that they could continue to avoid that sweeping ruling. I don't want it to be that way, but it is a definite possibility. It is diminished by getting that 6th Justice or more to support striking down those laws to give more confidence in doing it to any who may feel uncomfortable about it, not just Kennedy.

    It would take time anyway for another case to reach the SCOTUS, particularly one without any standing issues and that isn't likely to have a narrow ruling. No one really knows how the other states may each try to argue these cases, and their arguments could determine how narrow or wide a ruling is made.
    I agree, but it is very likely that the court will take up a case within the next 3 years....and we are going to see more and more states shift to allow gay marriage. Once public opinion and state laws catch up, the SCOTUS will make the move. They clearly indicated that they didn't want to move too far too fast.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by zgoldsmith23 View Post
    Oh man, a Slate article. I guess that about sums it up then folks. Someone call SCOTUS and tell them they forgot something. Get real. DOMA was not about polygamy or any other "Frankenstein (how derogatory of a term, might I add) marriages."
    Oh man, some guy on the internet whines about slippery slope and then can't refute a major left wing source pushing for that slippery slope using the rationality of "Marriage Equality".

    The courts ALWAYS rules based on precedent. If you think this decision only affects gays in a vacuum then you're beyond professional help.

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