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Thread: SCOTUS blog: DOMA Unconstitutional

  1. #241
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Gipper View Post
    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.
    So a ruling which says that the federal government has to respect what a state does in terms of marriage is somehow trampling on states rights?
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    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 Redress View Post
    Can you show where in this ruling at would apply to polygamy or group marriages? Bet you can't.
    The ruling will not only affect gays in a vacuum

    Precedent is precedent

    Do you even know why the court took this case? Hint: Tax reasons

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by Josie View Post
    I disagree. I think government should get their hands out of marriage altogether.
    That's really academic. They are in, and in to stay.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by CanadaJohn View Post
    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.
    They may not be around, but they are not likely to be replaced by another Scalia. The only hope that those who support state discriminatory "straight only" laws have is that there won't be a case within the next 3 years that make it to the Court...and that a Republican wins the next election and replaces Kennedy with someone in the Scalia vein. That's a long shot at best.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by rocket88 View Post
    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.
    Robert's pulled the mandate as a tax out of his ass at the last minute in order not to rule against the first black President. He did so after the court had met to hash out their positions and he did so after it was agreed the court would rule the other way - he caved to political expediency at the expense of the law and the American people.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    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.
    All true. I hope that one of those more conservative Justices wakes up and realizes that it is a violation of the Constitution. It isn't very likely to happen, but I would prefer that to wishing one of them to die. Maybe one of their children could come out as gay, or perhaps grandchildren.

    It could certainly go either way, particularly since we are very likely to see at least several more states legalize same sex marriage before we see a solid state case hit the SCOTUS. We could even see Congress pass a bill that goes further than the SCOTUS ruling. Who knows?
    "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.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Bronson View Post
    The ruling will not only affect gays in a vacuum

    Precedent is precedent

    Do you even know why the court took this case? Hint: Tax reasons
    There is no precedent in this ruling that would affect polygamy. If you think otherwise, please feel free to quote the language.
    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 Bronson View Post
    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.
    It's an opinion piece, nothing more. Here's another one (from your source). The difference between gay marriage and polygamy. - Slate Magazine

    If you think "oh well, we let the gays, why not polygamists" then you are the one in need of an education. Explain the relationship between the two, Bronson.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Bronson View Post
    The ruling will not only affect gays in a vacuum

    Precedent is precedent

    Do you even know why the court took this case? Hint: Tax reasons
    Precedent is only precedent when the cases are very similar. The two groups in question, same sex couples and people who want more than one spouse, would have to not only have to be held at a similar status, but so would the states' reasoning for why those restrictions (sex/gender and number of spouses) are in place. Those reasons are not similar in any way. They are very different.
    "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.

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by American View Post
    That's really academic. They are in, and in to stay.
    We do not agree on much, but you are absolutely correct here. The government is going to keep recognizing marraige, and there is no significant movement to do otherwise.
    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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