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Discussion in 'Politics, Religion, Social Issues' started by rdowns, Feb 22, 2012.
Yay I Guess.
I should be excited, but it was going to happen eventually.
Logic at last. DOMA was sick.
while this appears to be good keep in mind this was a low court ruling. I'm quit sure it will continue up the court ladder.
Yeah, but it's gonna be dead soon enough.
We knew it would evenutally happen - but still very, very good news.
I find idiotic voter pandering laws to be really annoying. We have other issues, and these tie up the system debating laws that should never have been passed. It's wasteful that they spent the resources to pass it in the first place, and now further resources must be spent to (justifiably) overturn it.
It's not just this law. The same principle annoys me with a lot of things.
In relation to the Prop. 8 battle, does anyone else see the irony in this besides me?
Anywho, this brings up a few issues, which will make the next few SCOTUS sessions rather interesting (let's face it; this is going to SCOTUS as well). Assuming that SCOTUS takes this case before the Prop. 8 case, would the ruling on this trump that in the Prop. 8 case? I am thinking yes and no, because while it will declare that while marriage wouldn't be defined as only between a man and a woman, it also doesn't mean that gays could marry (semantics, I know). Plus, I don't know if the legality of defining rights via voter referendum is being decided in the Prop. 8 case. If so, then DOMA getting struck down wouldn't trump Prop. 8.
Either way, this gives the pro-gay marriage opponents a ton of ammo, with the 14th Amendment being on their side (as it should be). I just would love to be a fly on the wall (even more so now) when SCOTUS hears these cases.
Yeah, well I thought Citizens United was gonna lose too, but...
Still, good news as far as it goes.
Looks like this social issue is going to be put in the spotlight for the november elections. Good, it's been swept under the rug for a long time now.
Just ignore me.
Finally some good news, Washington state has just joined the rest of us in the 21st Century.
It's not really very ironic or unexpected. The other DOMA challenges (one out of Boston, and another out of the 2nd Circuit in New York) were in very friendly courts. It just so happens that the federal employee in this case also happens to work for the courts.
There isn't likely to be much overlap with Prop 8 as it was decided by the Ninth Circuit since issues there are related to standing and the quirky way the history of Prop 8 unfolded.
However, since this is now the third decision striking down DOMA, it greatly increases the chances that SCOTUS will hear this case and will not able to kick the can down the road by using a procedural excuse like standing.
They could, however, completely avoid the issue of gay rights and issue a narrower ruling based on federalism and the Full Faith and Credit Clause, which would still be a huge victory, but much less powerful than one that said DOMA's discriminatory policies are unconstitutional.