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Thread: Federal Gay Marriage Ban Is Ruled Unconstitutional

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    Federal Gay Marriage Ban Is Ruled Unconstitutional

    http://www.nytimes.com/aponline/2010...?_r=2&ref=news

    BOSTON (AP) -- The federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution and therefore denies married gay couples some federal benefits, a federal judge ruled Thursday in Boston.
    U.S. District Judge Joseph Tauro ruled in favor of gay couples' rights in two separate challenges to the Defense of Marriage Act, known as DOMA, a 1996 law that the Obama administration has argued for repealing. The rulings apply to Massachusetts but could have broader implications if they're upheld on appeal.
    All I can say is

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by megaprogman View Post
    Wow, I didn't even know DOMA had been challenged in federal court yet. I hope that on a possible appeal the ruling is upheld and DOMA gets dumped permanently. It's clearly in violation of Full Faith and Credit.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Excellent, excellent stuff

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by megaprogman View Post
    I can only imagine how this is going to NOT be counted as a states rights issue to gay marriage opponents.
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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Wow. That is awesome. Although, the premise on which the ruling is based would not apply to state-level gay marriage ban. The real silver bullet is going to be a ruling on whether it violates equal protection. If so, then that's the game.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by teamosil View Post
    Wow. That is awesome. Although, the premise on which the ruling is based would not apply to state-level gay marriage ban. The real silver bullet is going to be a ruling on whether it violates equal protection. If so, then that's the game.
    a state can clearly refuse to recognize gay marriage just as NYC or Chicago does not recognize my Ohio issued CCW permit

    Tauro is a very well respected judge-I suspect his opinion will be given much respect



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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by TurtleDude View Post
    a state can clearly refuse to recognize gay marriage just as NYC or Chicago does not recognize my Ohio issued CCW permit

    Tauro is a very well respected judge-I suspect his opinion will be given much respect
    Not sure I agree, seeing as how marriage certificates have much more far-reaching effects than CCW permits.

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    Last edited by Deuce; 07-08-10 at 10:11 PM.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by TurtleDude View Post
    a state can clearly refuse to recognize gay marriage just as NYC or Chicago does not recognize my Ohio issued CCW permit
    A state cannot refuse to recognize marriages if that is a violation of equal protection. It's the same argument as in Loving v Virginia.

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    Federal Gay Marriage Ban is Ruled Unconstitutional

    BOSTON — The federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution and therefore denies married gay couples some federal benefits, a federal judge ruled Thursday in Boston.



    U.S. District Judge Joseph Tauro ruled in favor of gay couples' rights in two separate challenges to the Defense of Marriage Act, known as DOMA, a 1996 law that the Obama administration has argued for repealing. The rulings apply to Massachusetts but could have broader implications if they're upheld on appeal.
    And that's the beginning of the end, for a law that was based more on hatred than on facts.

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    Re: Federal Gay Marriage Ban is Ruled Unconstitutional

    The federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution
    It ruled in favor of a state's right to define marriage, which means state's like mine who ban it have every right to do so.
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