Same-sex Spouses Sue Federal Government

Discussion in 'Politics, Religion, Social Issues' started by CalBoy, Mar 4, 2009.

  1. CalBoy macrumors 604

    CalBoy

    Joined:
    May 21, 2007
    #1
    Well, it's happened. The Defense of Marriage Act is being challenged in Federal Court out of Boston:

    http://www.latimes.com/news/nationw...se-of-marriage-act4-2009mar04,0,3987332.story

    Even though the appeals process can usually take anywhere from 4 to 5 years for cases like this, I think it's too soon. :eek:

    If Obama doesn't get the chance to replace some crucial justices on the Supreme Court, this will all be for naught.

    Still, it's something to keep on the radar for the next few years.
     
  2. benlee macrumors 65816

    benlee

    Joined:
    Mar 4, 2007
    #2
    Took S.C. until 2003 to strike down a state law that illegalized sodomy (which by definition, if I remember correctly, included oral sex and putting any object in anus or vagina).

    Some of the justices seemed to put it in the same grouping as incest and bestiality.

    I'm not worried about the Supreme Court; they will decide correctly soon enough. Sadly, its a large proportion of the U.S. population I'm worried about.

    I'd now like to give a shout out to Substantive Due Process. Holla
     
  3. CalBoy thread starter macrumors 604

    CalBoy

    Joined:
    May 21, 2007
    #3
    I'm worried about Kennedy's vote and how the American public takes it. 4 or 5 years can be a long time, but the public's perception of homosexuality needs to advance in that period of time.
    Don't you just love some 5th Amendment? :D
     
  4. benlee macrumors 65816

    benlee

    Joined:
    Mar 4, 2007
    #4
    Haha. Yes, but Bigger fan of the 14th.
     
  5. CalBoy thread starter macrumors 604

    CalBoy

    Joined:
    May 21, 2007
    #5
    This lawsuit is against Federal entities so the 14th Amendment isn't really in use here.

    Although I must admit, the 14th is pretty awesome.
     
  6. benlee macrumors 65816

    benlee

    Joined:
    Mar 4, 2007
    #6

    I concur sir. When this case does go the right way, I hope it is the beginning of a path towards more State Sovereignty where appropriate.
     
  7. Gelfin macrumors 68020

    Gelfin

    Joined:
    Sep 18, 2001
    Location:
    Denver, CO
    #7
    I thought I had read somewhere that the Massachusetts law was written with some kind of wuss-out clause (I believe that's the legal term) intended to prevent their same-sex marriages from being used as the basis for federal challenges.

    Was that changed recently or am I just insane? (These are not mutually exclusive.)
     
  8. CalBoy thread starter macrumors 604

    CalBoy

    Joined:
    May 21, 2007
    #8
    I honestly have no idea. It could very well be, but the lawsuit could address both points simultaneously.

    I'm not too well versed on my Goodridge v Department of Public Health, but I'm sure there's a perfectly logical answer to your question.
     

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