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Thread: SCOTUS blog: DOMA Unconstitutional

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    Your paranoid fantasies are interesting, but more appropriate to the conspiracy theory section of the board.
    So you're saying that there hasn't been a hyper-liberalization of the country, usually to its detriment, in the past 40 years.

    Sure, sure. Go ahead and get me a tinfoil hat.

  2. #272
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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.
    Unfortunately, even as that ruling and the other one, does not yet provide a sweeping precedent to fully realize equal protection as it relates to marriage, the rulings do create a framework for sustaining and possibly accelerating the trend toward that outcome. Some of the language e.g., the majority opinion's reference to a lack of "legitimate interest" to sustain DOMA will likely mark a starting point for future decisions, each of which will further erode the barriers to marriage equality.

    The dissenting view in Proposition 8 is also important, as it does not argue against the substance of the issue. It is purely focused on state rights related to the procedural issue of standing. In terms of the substance of the marriage issue, that dissenting opinion describes the issue of marriage equality as "a realm of controversy where the legal community and society at large are still formulating ideas and approaches to a most difficult subject." In other words, even the dissenting opinion in that case does not reverse the ongoing legal and societal trend toward marriage equality. If anything, that language leaves the door open for a broader ruling at some point in the future, more likely than not making another contribution toward expanding equal protection to marriage.

    Both rulings are small but important steps. They provide a foundation for additional progress.

  3. #273
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Bronson View Post
    Many Married Advocates
    That is not a class of people.

    What do you have against Polygamy? It's not hurting you right?
    Nothing. I do not care about them.

    You don't think other groups whose identities are defined by their sexual behaviors are not going to run with this precedent? Really?
    Gays are not defined by they sexual behavior.
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    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

  4. #274
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by donsutherland1 View Post
    Unfortunately, even as that ruling and the other one, does not yet provide a sweeping precedent to fully realize equal protection as it relates to marriage, the rulings do create a framework for sustaining and possibly accelerating the trend toward that outcome. Some of the language e.g., the majority opinion's reference to a lack of "legitimate interest" to sustain DOMA will likely mark a starting point for future decisions, each of which will further erode the barriers to marriage equality.

    The dissenting view in Proposition 8 is also important, as it does not argue against the substance of the issue. It is purely focused on state rights related to the procedural issue of standing. In terms of the substance of the marriage issue, that dissenting opinion describes the issue of marriage equality as "a realm of controversy where the legal community and society at large are still formulating ideas and approaches to a most difficult subject." In other words, even the dissenting opinion in that case does not reverse the ongoing legal and societal trend toward marriage equality. If anything, that language leaves the door open for a broader ruling at some point in the future, more likely than not making another contribution toward expanding equal protection to marriage.

    Both rulings are small but important steps. They provide a foundation for additional progress.
    Yeah, it's a good day for sure.

    I also tend to think that since since Kennedy, and Sotomayor sided with the dissenters because they wanted a more broad ruling, and didn't want to turn the case away.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by CanadaJohn View Post
    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 Redress View Post
    What is an "anti-DOMA" act?
    There already is one. It's called the "full faith and credit clause". Unfortunately, the court didn't strike down the part of DOMA that undermines it.

    Quote Originally Posted by Gipper View Post
    So do you support some sort of act that enforces SSM in a language that brings it to states that want nothing of the sort?

    50 bucks says it's coming in your lifetime.
    Yes, we support state governments not being able to infringe on constitutionally protected civil rights.
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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by AGENT J View Post
    Had to log in today just to see what was going on after this ruling?

    all i have to say is WOOOOOWHOOOOOO!!!!!!


    not the end,
    not a HUGE/FINAL step but a very important and great one!
    Uh oh ... you mean the huge final step is gay marriage is gonna be mandatory?

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    That is not a class of people.
    Sure they are

    Gays are identified by what they are attracted to and who they have sex with

    So are Polygamists. Who are you to judge them and insinuate they are second class citizens? Bigot

    Nothing. I do not care about them.
    You just insinuated they are second class citizens. Bigot

    Gays are not defined by they sexual behavior.
    Yes they are

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Paschendale View Post
    Yes, we support state governments not being able to infringe on constitutionally protected civil rights.
    I don't consider SSM to be "Constitutionally protected", let alone a civil right. That's fine though - I don't consider any marriage to be.

    In a perfect world, DOMA gets wiped from the boards and the discussion on marriage altogether ends here, never to be brought up again - on either side - unless the talks concern abolition of the practice in its entirety.

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by bubbabgone View Post
    Uh oh ... you mean the huge final step is gay marriage is gonna be mandatory?
    why would any marriage ever be "mandatory"? that makes zero sense
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