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Thread: SCOTUS blog: DOMA Unconstitutional

  1. #491
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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by brothern View Post
    There is a precedence?
    The justices who voted to strike down DOMA argued primarily that DOMA violated the EPC of the 5th Amendment, so all state laws that selectively fail to recognize same-sex marriages are also invalid under that precedent. The justices disagreed on whether that precedent could be interpreted as inequal treatment of the states by the feds or a inequal treatment of individuals under the law. But it's a no-brainer that someone in some state where SS marriage is banned is going to successfully sue to strike down that ban, citing the SCOTUS's ruling.

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by solletica View Post
    The justices who voted to strike down DOMA argued primarily that DOMA violated the EPC of the 5th Amendment, so all state laws that selectively fail to recognize same-sex marriages are also invalid under that precedent. The justices disagreed on whether that precedent could be interpreted as inequal treatment of the states by the feds or a inequal treatment of individuals under the law. But it's a no-brainer that someone in some state where SS marriage is banned is going to successfully sue to strike down that ban, citing the SCOTUS's ruling.
    DOMA was not struck down, only one section was. Section 2 still stands...
    I don't often change my signature, but this was just too over the top to let anyone forget with what this country is up against...
    Quote Originally Posted by James D Hill View Post
    I am for gay marriage because it ticks off Jesus freaks and social conservatives. Gays are also good voters because the vote for my side so I fight next to them.

  3. #493
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Papa bull View Post
    And I think when the Supreme Court evaluates this, as it no doubt will have to do, it will find in favor of states' rights that all states are not going to be held to accomodate the lowest common denominator of marriage law, i.e. that any single state can dictate marriage law for all 50. Just because Vermont decides that sisters and brothers should be allowed to marry does not mean that all 50 states must recognize as married any brother and sister that went to Vermont to be wed.
    The SCOTUS cited the 5th Amendment as the rationale for its ruling, so anyone trying to sue his/her state for having a SS marriage ban is going to have that legal precedent working for him/her.

  4. #494
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by solletica View Post
    The SCOTUS cited the 5th Amendment as the rationale for its ruling, so anyone trying to sue his/her state for having a SS marriage ban is going to have that legal precedent working for him/her.
    They only ruled as to federal recognition, and decided to let the States continue as is...
    I don't often change my signature, but this was just too over the top to let anyone forget with what this country is up against...
    Quote Originally Posted by James D Hill View Post
    I am for gay marriage because it ticks off Jesus freaks and social conservatives. Gays are also good voters because the vote for my side so I fight next to them.

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by AlabamaPaul View Post
    DOMA was not struck down, only one section was. Section 2 still stands...
    That will be struck down as soon as someone who was negatively impacted by Section 2 sues, citing this ruling's rationale.

  6. #496
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Dapper Andy
    My reply isn't "conservative" BS.
    Just like my previous posts have not been liberal BS. Again, you see how easy and cheap name-calling is? All you're doing is revealing that these are your biggest intellectual guns...belied further by the fact that you didn't respond substantively at all.

    Quote Originally Posted by Dapper Andy
    We wouldn't be having this conversation if gays weren't an extreme liberal group.
    I think we'd be having this conversation in any possible world in which the Supreme Court struck down DOMA, even in one where gays were an extreme conservative group, or any other kind of group.

  7. #497
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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by solletica View Post
    That will be struck down as soon as someone who was negatively impacted by Section 2 sues, citing this ruling's rationale.
    Will that also mean I get to carry my weapon in whichever State I might choose as well?
    I don't often change my signature, but this was just too over the top to let anyone forget with what this country is up against...
    Quote Originally Posted by James D Hill View Post
    I am for gay marriage because it ticks off Jesus freaks and social conservatives. Gays are also good voters because the vote for my side so I fight next to them.

  8. #498
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Papa bull View Post
    And I think when the Supreme Court evaluates this, as it no doubt will have to do, it will find in favor of states' rights that all states are not going to be held to accomodate the lowest common denominator of marriage law, i.e. that any single state can dictate marriage law for all 50. Just because Vermont decides that sisters and brothers should be allowed to marry does not mean that all 50 states must recognize as married any brother and sister that went to Vermont to be wed.
    Perhaps, it's not been used in a challenge to date. We'll see.
    ”People willing to trade their freedom for temporary security deserve neither and will lose both.” --- Ben Franklin

    Quote Originally Posted by The German View Post
    Sterotypes are mostly based on truths.

  9. #499
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Papa bull View Post
    California is calling you. Have a nice trip.
    Yep, atavistic states will slowly sink into their biased unproductive views, while California and other progressive states will continue to get talented, intelligent people, attracted by their tolerant laws and acceptance of difference.

    The poor South: it's going back to 1880 fast.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Papa bull View Post
    They can't unless they CHOOSE to have heterosexual intercourse; which hamstrings the "no choice" argument.
    A lot of my heterosexual friends have had kids through methods other than heterosexual sex.

    There are a LOT of methods of reproduction other than heterosexual intercourse.

    Surely you know that.

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