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Thread: SCOTUS blog: DOMA Unconstitutional

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    Re: SCOTUS blog: DOMA Unconstitutional

    http://www.supremecourt.gov/opinions...2-144_8ok0.pdf

    If I read it right, Hollingsworth v Perry, lack of standing was the ruling. Just got home, so trying to catch up, but that is what it looks like I think. Ruling is linked above.
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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.
    From skimming the decision, that does not appear to be the heart of the ruling. What persuaded Kennedy(who was the swing vote) was the Equal Protection argument, coupled with states rights.

    Quote Originally Posted by Justice Kennedy
    The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity
    Supreme Court strikes down federal marriage law in win for gay rights | Reuters
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    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.
    Not necessarily. For example...Gender and Race themselves aren't on the same level in terms of the Equal Protection Clause.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    From skimming the decision, that does not appear to be the heart of the ruling. What persuaded Kennedy(who was the swing vote) was the Equal Protection argument, coupled with states rights.
    That actually fits with what I was saying. Equal protection and State's rights are undermined by DOMA.
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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by disneydude View Post
    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.
    Homosexuals always had the same equal protections anyone else had.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Oh, and confirmed, Prop 8 ruling was lack of standing, allowing SSM in California but not effecting other states.

    The outcome from all this seems to be that all SSM marriages will be recognized by the federal government and states that do not ban such recognition. California will be a SSM state. Further court cases will be needed to determine whether states can not recognize SSM from other states, and whether states can ban people from SSM in that state.

    Big victory for us in favor of SSM, but not a complete victory.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    That actually fits with what I was saying. Equal protection and State's rights are undermined by DOMA.
    If I misunderstood, I am sorry. Been home from 2 days gone about 20 minutes, and trying to get unpacked, laundry going, and read as much as I can on this news, plus some dancing and celebrating the rulings today.
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    Quote Originally Posted by Fiddytree View Post
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    Re: SCOTUS blog: DOMA Unconstitutional

    So is anyone divorced now because their marriage means nothing?

    Anyone?

    Anyone.....

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    http://www.supremecourt.gov/opinions...2-144_8ok0.pdf

    If I read it right, Hollingsworth v Perry, lack of standing was the ruling. Just got home, so trying to catch up, but that is what it looks like I think. Ruling is linked above.
    From what I've been reading, it appears that the ruling on Prop 8 (the choice to dismiss) will have the effect of legalizing gay marriage in California, but will have no effect on other gay marriage bans in the country.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Zyphlin View Post
    Not necessarily. For example...Gender and Race themselves aren't on the same level in terms of the Equal Protection Clause.
    But if someone from the states that has a ban on SSM sues their states(which I'm assuming is already being planned ), or if someone is married in one state that allows, and moves to one that bans, and sues, it bodes well for a broad ruling that will make SSM the law of the land.
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