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Thread: SCOTUS blog: DOMA Unconstitutional

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    Re: DOMA unconstitutional. 5-4 decision.

    Federal government has to recognize the state's recognition of what marriage is, but doesn't remit the state's ability to decide what a marriage is. What a fine line that will be.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    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.
    No worries. I'm just talking **** about Scalia cause his inconsistency pisses me off
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    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.
    Yup, pretty much what was expected in both cases I think.

    Nice story: Gay rights supporters erupt in cheers over ruling
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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.
    You're right... this quote does sum it up:

    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

    IF THE STATE decides to expand their marriage laws to include homosexuals, then the Federal government may not undermine or negate their decision.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Wiseone View Post
    So is anyone divorced now because their marriage means nothing?

    Anyone?

    Anyone.....
    No, but pretty sure I heard the church a half mile away cry.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    Well boo.

    It does mean that when there is another case against one of the other laws that ban SSM it will probably be a Loving type case, because of the DOMA case. Since it was such a broad ruling.
    yeah, not the worst possible decision, but this punt is somewhat incompatible with the other ruling. gays are warranted equal protection under the law, but states can still decide to deny essential civil rights via another channel? does not compute.

    what will result is more states putting anti-gay language into their constitutions. then in five years, there will be a more complete decision overruling the denial of civil rights to gays in these states. what's sad is that they could have just done that today; they just delayed the inevitable.

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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
    "We have no authority to decide this case on the merits, and neither did the 9th Circuit," Roberts said. So everyone going on about equality....calm down. DOMA was hit on procedural grounds based on who was making the appeal. SCOTUS did not rule on SSM itself. It would be very interesting to see if DOMA goes one way while Prop8 goes another.

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    Re: DOMA unconstitutional. 5-4 decision.

    Quote Originally Posted by Samhain View Post
    Federal government has to recognize the state's recognition of what marriage is, but doesn't remit the state's ability to decide what a marriage is. What a fine line that will be.
    I agree. Eventually homosexual marriages will be legitimate in all the states but I agree with Sotomayor's position on this - that it is something the states must do at the state level in order to make it something everyone will eventually accept.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    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.
    I wouldn't place much faith in that approach, though. Kennedy was swayed by Equal Protection at the federal level, but he also appeared to be supporting state's rights in the process. A Marriage rights amendment would be the only sure path to nationwide legalization of gay marriage.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Helix View Post
    yeah, not the worst possible decision, but this punt is somewhat incompatible with the other ruling. gays are warranted equal protection under the law, but states can still decide to deny essential civil rights via another channel? does not compute.

    what will result is more states putting anti-gay language into their constitutions. then in five years, there will be a more complete decision overruling the denial of civil rights to gays in these states. what's sad is that they could have just done that today; they just delayed the inevitable.
    Well, the Court has to still make decisions within its authority. They felt the Prop 8 didn't give them such authority, so it is only a matter of time for a real case. I am sure there is another Prop 8 case somewhere in the Court system right now.
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