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Appeals panel strikes down Virginia gay marriage ban

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CriticalThought

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Appeals panel strikes down Virginia gay marriage ban

A federal appeals court panel in Virginia became the second one this summer to strike down a state ban against same-sex marriage Monday, making it more likely that the Supreme Court will settle the issue as early as next year.
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The three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in Richmond ruled 2-1 that gay men and lesbians have a constitutional right to marry that is paramount to state marriage laws.
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That makes two Federal Appeals Court decisions and confirms this will be an equal protection versus states rights debate.
 
Beaudreaux said:
It's never been a state's rights issue, and has always been an equal protection issue.
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The part I bolded is true in this case,. but not for all SSM cases. Those cases that involved DOMA or federal marriage benefits are states rights vs federal rights cases.
 
Redress said:
The part I bolded is true in this case,. but not for all SSM cases. Those cases that involved DOMA or federal marriage benefits are states rights vs federal rights cases.
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In a state where the state issues a license to marry, it is an Equal Protection issue... period. Which includes DOMA, which in addition to 5th Amendment Equal Liberty violations, is why it was struck down. The federal benefits issue is also an Equal Protection and Equal Liberty issue since the states have nothing to do with federal benefits.
 
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