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Thread: SCOTUS blog: DOMA Unconstitutional

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by Papa bull View Post
    Only the part of DOMA that requires the federal government to treat same-sex marriages different from any other marriage is struck down. States are still not required to honor marriage from any other state and they are still not required to change the definition of marriage to include any two people of any sex.

    It was the right decision. If a state like Connecticut agrees that two homosexuals can be a married couple and allow such marriages, the federal government really must treat that marriage the same as any other marriage in that state.
    That remains to be seen. But the majority of the court recognized a 5th Amendment due process right for gays. This pretty much indicates that a state is not free to discriminate....although there was no definitive ruling on that.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Zyphlin View Post
    It will be interesting if DOMA goes one direction and Prop 8 goes the other, and potentially watching both sides congratulating the court on a correct decision and questioning their legitimacy with another. Hard to get a good handle on any of the rulings with instance analysis since I've not followed either extremely closely. Will be interesting to read some more in depth analysis from both sides shortly
    Oh. My. God. That would be so hilarious I sort of want it to happen.
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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by OpportunityCost View Post
    They declined prop 8. Gay marriage is legal again in California.
    Thank God.....prop H8 was a horrible initiative funded in large part by the Mormons with the largest propoganda display in the history of the state that was full of lies and deceit. Its a great day for California.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by cpwill View Post
    How do you read it so? It looked (admittedly only skimming a sentence or two plus skimming scotusblog) fairly centered on the Federalism angle, which would rather seem to suggest an acceptance on the part of the Court of the States to do as they please.
    They ruled based on equal protection. From my understanding that puts sexual orientation on the same level as gender, and race, as far rational basis goes.
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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by disneydude View Post
    That remains to be seen. But the majority of the court recognized a 5th Amendment due process right for gays. This pretty much indicates that a state is not free to discriminate....although there was no definitive ruling on that.
    The right to 5th amendment due process has always applied to everyone. Pop a champagne cork of you want, but gay marriage is still, as it should be, limited to those states that have, for whatever their reasons, decided to allow it in their state.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by cpwill View Post
    From what I understand, it hinges on the Federal Government's rights to determine rules for it's own processes.
    If a state passes a law allowing gay marriage, the federal government does not have the constitutional authority to invalidate that recognition. DOMA does that. Scalia will go out of his way to take a big government position on gay marriage because he has the ideological consistency of a grapefruit.
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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by Papa bull View Post
    The right to 5th amendment due process has always applied to everyone. Pop a champagne cork of you want, but gay marriage is still, as it should be, limited to those states that have, for whatever their reasons, decided to allow it in their state.
    Wrong. The SCOTUS has never recognized an equal protection claim for gays. This essentially puts one nail in states attempts to restrict gay marriage. Its not dead yet....but it definitely is rapidly on its way.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: SCOTUS blog: DOMA Unconstitutional

    Moderator's Warning:
    SCOTUS blog: DOMA UnconstitutionalMerging the two DOMA threads since they're both in their early going. Streamlines the conversation a bit

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    If a state passes a law allowing gay marriage, the federal government does not have the constitutional authority to invalidate that recognition. DOMA does that. Scalia will go out of his way to take a big government position on gay marriage because he has the ideological consistency of a grapefruit.
    Yeah, oranges are much more ideologically consistent.
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    Re: DOMA unconstitutional. 5-4 decision.

    LOL, more or less what I have been saying all along---no big national rulings on gay marriage. It is a state issue--the same as it has always been.

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