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Thread: SCOTUS blog: DOMA Unconstitutional

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by Lakryte View Post
    The KKK said the same thing in 1967.
    yep
    whats sad is that there are people in this country that feel others having equal rights is sad, hypocrites
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by jmotivator View Post
    Well sure, but that is why there is no argument that applies to gay marriage that doesn't apply to polygamy.

    Another point that can be argued now is whether laws banning gay relatives from marrying is unconstitutional. The laws that forbid family from marrying were grounded in the state's real concern of the high rate of genetic illness in children born of siblings or close relatives. But in a gay marriage that is no concern at all.


    I'm not failing in my evaluation. I am assuming they are no less likely to engage in polygamy than gay or heterosexual couples.
    The standards of marriage have been modified to include SS couples and nothing else. Any arguments against polygamy and incest that existed before SSM are still valid now. You are making a strawman argument because you have nothing.

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by AGENT J View Post
    yep
    whats sad is that there are people in this country that feel others having equal rights is sad, hypocrites
    Yeah. Whites should be treated equally under the law as well. Which is why affirmative action was/is so unfair and probably unconstitutional!
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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by yobarnacle View Post
    Yeah. Whites should be treated equally under the law as well. Which is why affirmative action was/is so unfair and probably unconstitutional!
    actually AA/EO prevents ALL races from being discriminated against equally

    if somebody is practicing something that is unfair or doesn't do that they are not practicing AA/EO
    but there are already threads here at DP that tackle this issue and prove that
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by ttwtt78640 View Post
    What does that even mean? Do you think that this rainbow parade will muster enough popular support for a constitutional amendment including equal protection based on sexual orientation or strong personal preferences or simply add to the number of states that alter their marriage laws to include SSM?
    I don't have to worry about such a narrow view of the Constitution. Society evolves and Constitutional hermeneutics with it. There is no way to avoid that. It's clear to me that soon -- probably sooner than we think -- the SC will rule that the equal protection clause applies generally to gays in matters involving legal rights, including marriage. And the nation will be the better for it. The days when homophobes caught pass discriminatory laws with impunity are numbers, despite Scalia's wish to the contrary.

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by AGENT J View Post
    actually AA/EO prevents ALL races from being discriminated against equally

    if somebody is practicing something that is unfair or doesn't do that they are not practicing AA/EO
    but there are already threads here at DP that tackle this issue and prove that
    The law "reads" equal regardless race, but that hasn't been the practice since 1965.

    Anyway, I'm part Sioux. And my European ancestors arrived in the late 1600s.

    My family has been involved in ALL the history of the USA. And fought in every war including Viet Nam. But none since. Ran out of sons!
    If you live long enough, you will live in a foreign country, because the past is foreign to the present. We lived differently then. The only constant is change!

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by head of joaquin View Post
    I don't have to worry about such a narrow view of the Constitution. Society evolves and Constitutional hermeneutics with it. There is no way to avoid that. It's clear to me that soon -- probably sooner than we think -- the SC will rule that the equal protection clause applies generally to gays in matters involving legal rights, including marriage. And the nation will be the better for it. The days when homophobes caught pass discriminatory laws with impunity are numbers, despite Scalia's wish to the contrary.
    Unfortunately, that is all too likely true, but has little to do with democracy (other than who gets to appoint the SCOTUS justices). The constitution is quite clear about defining the method for its meaning to be changed - using the amendment process. Simply because the constitution (or an amendment) mentions red, blue and green does not mean that it really meant any color that one can think of, just as we have an ongoing battle over the subtle differences between shall not be infringed and shall not be abridged or denied.
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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by yobarnacle View Post
    The law "reads" equal regardless race, but that hasn't been the practice since 1965.

    Anyway, I'm part Sioux. And my European ancestors arrived in the late 1600s.

    My family has been involved in ALL the history of the USA. And fought in every war including Viet Nam. But none since. Ran out of sons!
    its always been the practice and those practicing something different are breaking the law and not practicing AA/EO
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    Wrong as usual.
    Right as usual

    Precedent is precedent

    You want mne to quote him not saying something? Well that would be a neat trick. You got started on it since nothing you quoted from him said "marriage equality".
    Kennedy's majority opinion. I guess he's citing the 5th amendment and using words like equality means something else in your world. But hey feel free to grasp onto your semantics if it makes you feel better

    The Constitution's guarantee of equality 'must at the very least mean that a bare con- gressional desire to harm a politically unpopular group cannot' justify disparate treatment of that group.
    By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.
    DOMA is unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution
    You made the claim. Why am I not surprised you cannot back it up.
    You're the one who made the claim it was removed because of scientific reasons. Back it up then.

    Wrong once more. Current science is that there is no known gay gene, not that there is no gay gene. That is a very large, unsubtle difference.
    You can speculate all you like. Current science says there is no gay gene.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Bronson View Post
    Current science says there is no gay gene.
    Not exactly. Look up Epigenetics.

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