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Author Topic: Supreme Court Agrees To Take Up Prop 8 And DOMA  (Read 1317 times)

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Offline tednlou2

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Re: Supreme Court Agrees To Take Up Prop 8 And DOMA
« Reply #1 on: December 07, 2012, 04:25:36 PM »
High risk and reward is the phrase many are using, and that's what has me a little worried.  Many court "experts" say they believe DOMA will be struck down, because there is precedent for states to recognize contracts from other states.  Prop 8 is more worrying.  They could go narrow and their ruling would only apply to California.  They could say you can't have state courts give something and allow voters to take it away.  They could say voters can.  Or, they could go broad and the decision would apply to all states. 

This could go in so many ways.  Many gay rights activists felt this was the wrong time.  The lawyers for Bush and Gore, who joined forces for marriage equality, along with the HRC president, believe history is on our side and it is the right time.  We could be surprised by Roberts again, and wouldn't rely on Kennedy.  It is scary to think of losing.  Having said that, I do think a future court would go against precedent to make this right, believing an unfavorable decision was based on politics of the day and not based on the Constitutions guarantee of equal protection. 

Offline buginme2

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Re: Supreme Court Agrees To Take Up Prop 8 And DOMA
« Reply #2 on: December 07, 2012, 05:42:00 PM »
The Full Faith in Credit Clause ofthe constitution makes DOMA invalid.  Thats should be a no brainer (to me at least).  Its the same clause that requires the drivers license (or marriage license) you obtain from one state to be recognized by all the other states.  Otherwise, everytime you drove across state lines you would have to get a new drivers license.  Marriage licenses fall under the same provision.

The Prop 8 portion, thats more complicated and is anyones guess.  Momentum is on the equality side but the court may not wish to make such a drastic ruling at once and may prefer to do things incrementally.

Don't be fancy, just get dancey

Offline Miss Philicia

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Re: Supreme Court Agrees To Take Up Prop 8 And DOMA
« Reply #3 on: December 07, 2012, 06:10:14 PM »
It doesn't take a law degree for me to read a summary brief on a Scalia dissent to know he's able to take something and make it sounds like down means up. And that goes for Alito and Thomas. The other two conservatives on the court are a little more intellectually honest at times so there's hope in picking one of them off.

I still think they'll rule narrow not broad, and [bthe first media link in the thread reported that they've already said so[/b]. And it will be 5-4 most likely in either event.
"Iíve slept with enough men to know that Iím not gay"

Offline tednlou2

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Re: Supreme Court Agrees To Take Up Prop 8 And DOMA
« Reply #4 on: December 07, 2012, 11:51:18 PM »
I posted a pic on Facebook of an older lesbian couple getting their marriage licenses in Washington, and I said it made me happy to see it.  I got a reply from this guy I went to school with.  He was on the Yearbook staff, while I was on the newspaper staff.  I always thought he may be gay back when we were in school.  He's still unmarried and lives with him mom.  His FB posts consist of religious things and his boring comic strip that he does.  I was already thinking of hiding his posts, because he will post 20 things in a row--mostly his comic strips.  But, I think he will be the first person I've ever unfriended.  I just saw his post and haven't decided whether to reply at all, and what to say if I do.   

He replied:

"keep in mind that every time another gay couple gets married it is 2 people who are living in sin every second of their life. two people who deny the authority of God and his son Jesus Christ and thus are giving up a good after life in Heaven. I am not a perfect Christian by any means but I do strive to be a better Christian these people are doing just the opposite."

It kinda made me laugh just a little, because his first line made me think, "Every time another gay couple gets married, an angel gets her wings."



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