DOMA is DOA
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26-06-2013, 08:05 AM
DOMA is DOA
DOMA RULED UNCONSTITUTIONAL!

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26-06-2013, 08:24 AM
RE: DOMA is DOA
Great news. Now Prop 8 is on the chopping block as well. This is a victory for civil society and a blow against bigotry and hatred.
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26-06-2013, 08:48 AM (This post was last modified: 26-06-2013 08:58 AM by Bucky Ball.)
RE: DOMA is DOA
Interesting.
Written by Judge Anthony Kennedy, a Catholic,
(who says he is informed by the church's basic social justice teaching, from the days before the current crop of fundie bishops were appointed).
He has now authored the three most important opinions on gay rights.
Quite the legacy he has there.
(Also quite a poke at the Roman Church, imo).

Looks like the Prop 8 case was dismissed on the grounds that the plaintiffs have no standing,
thus the lower court's (CA Court of Appeals), opinion stands, and Prop 8 is gone also.

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26-06-2013, 09:50 AM
RE: DOMA is DOA
Excellent news. So now what happens on the state level? Like, Texas? Would it have to legalize same-gender weddings?
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26-06-2013, 09:59 AM
RE: DOMA is DOA
(26-06-2013 09:50 AM)GaëlK7 Wrote:  Excellent news. So now what happens on the state level? Like, Texas? Would it have to legalize same-gender weddings?

States will try to enact legislation against same-sex marriage that side-step the SCOTUS decision. Texas will be one of those.

There will be more lawsuits.

Skepticism is not a position; it is an approach to claims.
Science is not a subject, but a method.
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26-06-2013, 10:01 AM
RE: DOMA is DOA
(26-06-2013 09:50 AM)GaëlK7 Wrote:  Excellent news. So now what happens on the state level? Like, Texas? Would it have to legalize same-gender weddings?

No. The states have to act individually. Equal federal benefits can no longer be denied.
But there will no doubt be a whole rash of cases filed at the state level, in states where it is not legal. The principle of "equal protection" is established to include this matter, so it's only a matter of time, and the states will have to follow.

Insufferable know-it-all.Einstein
"And you quit footing the bill for these nations that are oil rich - we're paying for some of their *squirmishes* that have been going on for centuries" - Sarah Palin
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26-06-2013, 11:52 AM
RE: DOMA is DOA
Politically and financially, once naysayers at the state level realize they won't get very far, they will begin enacting legislation to favor same-sex marriage. However, as a preventative measure, it might be a good idea for many states to begin concentrating on issues of LGBT acceptance in order to get an avenue of discussion on the table. I think knocking down that part of DOMA with specific same-sex language can help to get people talking and Prop 8 can certainly set a significant precedent.

Although, I'm flabbergasted that this issue would even have to head to the higher courts to secure such a decision... but... for a change and kind of out of the blue, I'm proud of my country. And on such a nondescript Wednesday, too. Shy

A new type of thinking is essential if mankind is to survive and move to higher levels. ~ Albert Einstein
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26-06-2013, 12:01 PM
RE: DOMA is DOA
I do find it a bit funny that Bill Clinton applauds the decision yet IIRC he is the one that signed it into law.

States can still legislate certain aspects but the federal question is now settled.
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26-06-2013, 12:01 PM
RE: DOMA is DOA
(26-06-2013 11:52 AM)kim Wrote:  Politically and financially, once naysayers at the state level realize they won't get very far, they will begin enacting legislation to favor same-sex marriage. However, as a preventative measure, it might be a good idea for many states to begin concentrating on issues of LGBT acceptance in order to get an avenue of discussion on the table. I think knocking down that part of DOMA with specific same-sex language can help to get people talking and Prop 8 can certainly set a significant precedent.

Although, I'm flabbergasted that this issue would even have to head to the higher courts to secure such a decision... but... for a change and kind of out of the blue, I'm proud of my country. And on such a nondescript Wednesday, too. Shy

A big step in the right direction (or is that left direction?).

Having the high ground makes it easier to call others poopyheads on human rights violations.

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26-06-2013, 12:14 PM (This post was last modified: 26-06-2013 12:28 PM by Bows and Arrows.)
RE: DOMA is DOA
Each state is going to battle this out. Many of the states have passed different laws regarding marriage.
from wikipedia:
Quote:Thirty-one U.S. state constitutional amendments banning legal recognition of same-sex unions have been adopted. Of these, ten make only same-sex marriage unconstitutional, seventeen make both same-sex marriage and civil unions unconstitutional, two make same-sex marriage, civil unions, and other contracts unconstitutional, and one is unique.
Hawaii's amendment is unique in that it does not make same-sex marriage unconstitutional; rather, it allows the state to limit marriage to opposite-sex couples. Virginia's amendment prevents the state from recognizing private contracts that "approximate" marriage. Observers have pointed out that such language encompasses private contracts and medical directives.[2][3] Furthermore, the Michigan Supreme Court has held that the state's amendment bans not only same-sex marriage and civil unions, but also domestic partnership benefits such as health insurance

States that have power to legislate over same sex marriage:
Hawaii

States that have amendments to ban same sex marriage:
Alaska
Nevada
Mississippi
Missouri
Montana
Oregon
Colorado
Tennessee
Arizona

States that have amendments that ban same sex marriage & civil unions, but not other contracts:
Nebraska
Arkansas
Georgia
Kentucky
Louisiana
North Dakota
South Dakota
Ohio
Oklahoma
Utah
Kansas
Texas
Alabama
Idaho
South Carolina
North Carolina
Wisconsin
Florida

States that ban same sex marriage, civil unions and other contracts
Michigan
Virginia


States that ALLOW same sex marriage
edited to correct my list:

(26-06-2013 12:23 PM)yumeji Wrote:  Connecticut
Delaware
Iowa
Maine
Maryland
Massachusetts
Minnesota
New Hampshire
New York
Rhode Island
Vermont
Washington State and District of Columbia
and now California.

So, depending on the state, the legal battle might take a different twist on how the bans are attacked. Lots of legal cases to come....it won't be easy (meaning some places won't change without an all out battle).

And there is still the issue of what happens when a couple married in Maine moves to someplace like NC that doesn't recognize it.


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