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Thread: Obama Administration Drops Defense of Anti-Gay Marriage Law

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    I don't know if it has been said yet, but, If he is refusing to enforce DOMA due to some lower court judge offering an opinion that "some aspects" of the law are unconstitutional, then shouldn't that apply in the Obamacare case as well?


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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by j-mac View Post
    I don't know if it has been said yet, but, If he is refusing to enforce DOMA due to some lower court judge offering an opinion that "some aspects" of the law are unconstitutional, then shouldn't that apply in the Obamacare case as well?


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    He is not doing that. Please read the thread.
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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by Redress View Post
    He is not doing that. Please read the thread.
    I am not going to pour through 30 pages of, 'he said this', "No he didn't", 'Yes he did'


    Suppose you tell me what is going on in a sentence of less, because I really could care less, seeing as how this administration can't do anything without lying openly.

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Congress is the group that has to repeal this bill if it is to go away without judicial involvement so they should be the ones defending it in court if they aren't willing to repeal it. I have no problem with this.

    Now, I have very little knowledge on how these situations would work if a lower court declares something unconstitutional but it doesn't make it to the SCOTUS. I know that the last court decision is supposed to stand, but that doesn't explain the specifics of how it would actually work. Would the couples simply file any federal paperwork as a married couple and if they are denied those benefits, file another lawsuit til it reaches the SCOTUS? Seems very wrong to me, and extremely time consuming.

    Also, anyone who is saying that Obama or DOJ is not upholding or enforcing the law by not defending it in court want to explain to me exactly how? Last I heard, neither Obama nor the DOJ has said that any federal agency should give any federal benefits to same sex married couples.

    As DOJ Declines To Defend DOMA, Congress Could Step In | TPMMuckraker
    Congress likely to ride to DOMA's defense | Deseret News
    Defense of Marriage Act - Wikipedia, the free encyclopedia
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by j-mac View Post
    I am not going to pour through 30 pages of, 'he said this', "No he didn't", 'Yes he did'


    Suppose you tell me what is going on in a sentence of less, because I really could care less, seeing as how this administration can't do anything without lying openly.

    j-mac
    How about reading the OP?

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by roguenuke View Post
    Congress is the group that has to repeal this bill if it is to go away without judicial involvement so they should be the ones defending it in court if they aren't willing to repeal it. I have no problem with this.

    Now, I have very little knowledge on how these situations would work if a lower court declares something unconstitutional but it doesn't make it to the SCOTUS. I know that the last court decision is supposed to stand, but that doesn't explain the specifics of how it would actually work. Would the couples simply file any federal paperwork as a married couple and if they are denied those benefits, file another lawsuit til it reaches the SCOTUS? Seems very wrong to me, and extremely time consuming.
    Best I can come up with from a few hours combing sources on this. Realize this is my interpretation, and that as one person put it, "the degree of difficulty in puzzling it out is 10". There are lots of dissenting legal opinions among legal experts, so take this with a whole lot of salt.

    Next the house of representatives will decide if they want to defend the bill in the AG's stead. This has to happen quickly, and may not work as the court may rule that the house "has no standing" to defend the law. Within a couple months, the judge for the first two cases will hear a motion for summary judgment since the AG is no longer defending the case. If he agrees, then DOMA would be thrown out and presumably SSM couples would have their marriages recognized at least by the federal government.

    More likely I suspect the motion for summary judgment will get denied and the case will go forward. Some one will be found to have standing(the house maybe), or possibly the judge will order the AG to present what case it can for defense. At that point the case will go forward just as it has been, though defense now has an increasingly difficult job proving their case since the AG has said that it believes the law unconstitutional.

    Nothing is likely to change as far as the law and it's effect for a couple years yet, as the case most likely will still go all the way to SCOTUS and if, presumably, the judges between now and then rule against the law, a stay or hold will again most likely be issues to keep the law into effect until after the last appeal. There is just such a stay or hold in place now.
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    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by DontDoIt View Post
    Seems pretty contradictory that he claims to be a Christian and at the same time supports gay marriage.
    I agree -- he should move to abolish Christianity, too.

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by DontDoIt View Post
    Seems pretty contradictory that he claims to be a Christian and at the same time supports gay marriage.
    I guess he just made a life-choice to not be an ignorant, backward Christian.

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by hazlnut View Post
    I guess he just made a life-choice to not be an ignorant, backward Christian.
    What is an ignorant backward Christian to you?

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by MrVicchio View Post
    Obama: I only bother with laws that I like...
    You're right, no one should ever work to change a discriminatory, prejudiced law.
    "Myths and legends die hard in America. We love them for the extra dimension they provide, the illusion of near-infinite possibility to erase the narrow confines of most men's reality. Weird heroes and mould-breaking champions exist as living proof to those who need it that the tyranny of 'the rat race' is not yet final." - Hunter S. Thompson

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