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SCOTUS struck down DOMA

Oldgamer

Oldgamer

Diamond Member
They said it was discriminatory, and same sex couples can now legally go after those states who have discriminated against them. 5-4 ruling.
 
sportage said:
Not to mention social security rights and inheritance rights.
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Yes, that is what I am listening to right now on the news. That same sex couples can go after those states or even certain military rulings with regard to these issues related to DOMA that they just struck down.
 
Oh wait, let me back track, news reporting differently now, prop 8 can be brought back in Ca. But now saying something different on other states...sorry, watching this as it unfolds folks, they dont have all the legal interpretations yet.
 
Prop 8 opinion will be last this morning. However language in the DOMA opinion looks like they are punting the prop 8 case on lack of standing.

And Scalia is reading his dissent in DOMA and since he is incredibly long winded its going to be awhile.
 
Disappointing that Kennedy didn't list his reasoning as State's rights.

Still the right ruling from that point of view.
 
Wreckem said:
Prop 8 opinion will be last this morning. However language in the DOMA opinion looks like they are punting the prop 8 case on lack of standing.
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That'd be in accordance with the general tone of this session. Very limited rulings.

Seems to be a hallmark of the Roberts court.

Freaking Kennedy man. I guess he got up on the left side of the bed this morning, and on the right side yesterday.
 
Limiting affirmative action to strict scrutiny, deep-sixing archaic portions of Voting Rights Act, and now invalidating DOMA. SCOTUS is on a great winning streak of correct decisions.
 
I am amzed they didn't punt this issue to the states also since that has been their strategy on every other type decision recently.
 
lol, I wonder about the timing of these two rulings. They strike down article 4 of the voting rights, which a lot of people hate, just in time to strike down DOMA, which said demographic will praise. Flips the near total neutral-negative coverage from the former into near total neutral-positive coverage.

Not that SCOTUS has to care about public opinion.
 
LightPattern said:
Disappointing that Kennedy didn't list his reasoning as State's rights.

Still the right ruling from that point of view.
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He didn't overtly say states rights but it is alluded to multiple times in his opinion.

Prop 8 is getting whacked down to the district court level(no appellate standing). District court ruling was sweeping but only limited to CA. So gay marriage will again be legal in CA.
 
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glenn1 said:
Limiting affirmative action to strict scrutiny, deep-sixing archaic portions of Voting Rights Act, and now invalidating DOMA. SCOTUS is on a great winning streak of correct decisions.
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Indeed. Common sense isn't common, but these decisions do give hope that it will prevail.
 
nehalem256 said:
Because to believe in SSM you have to believe in the perversion that marriage is just a contract to extort government benefits.
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That is exactly what the legal definition of marriage is. You could still have your fantasy marriage, based on either your religious ceremony or the government's... just keep making believe. It doesn't change anything.
 
An interesting line from one of the dissenting opinions, especially considering the VRA decision yesterday:

We have no power to decide this case. And even if we did, we have no power under theConstitution to invalidate this democratically adopted legislation
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Edit:
twofacedscalia.jpg

Saw this on another site. The commentary included seems to sum up my thoughts on Scalia's 'reasoning' for the last two days. http://www.newscorpse.com/ncWP/?p=10013
 
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Oldgamer said:
They said it was discriminatory, and same sex couples can now legally go after those states who have discriminated against them. 5-4 ruling.
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Can someone summarize the legal reasoning of the dissenters once available? While I agree with this ruling I'd like to see what the thought processes were for Roberts and friends in reaching their votes.
 
shadow9d9 said:
That is exactly what the legal definition of marriage is. You could still have your fantasy marriage, based on either your religious ceremony or the government's... just keep making believe. It doesn't change anything.
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Marriage is not just a contract to extort benefits from the government. The very existence of such an idea is an absurdity.

You want to pretend that social marriage and legal marriage are different things which is insane. And ultimately terrible for the idea of marriage.
 
nehalem256 said:
Because to believe in SSM you have to believe in the perversion that marriage is just a contract to extort government benefits.
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It is, but regardless, who someone else marries in no way whatsoever effects your marriage. People that talk about the "sanctity" of marriage during an epidemic of cheating and divorce, it's so comically hypocritical it makes the brain explode.
 
nehalem256 said:
Marriage is not just a contract to extort benefits from the government. The very existence of such an idea is an absurdity.

You want to pretend that social marriage and legal marriage are different things which is insane. And ultimately terrible for the idea of marriage.
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Your idea of marriage is a fantasy that never existed.

If you don't like government sponsored marriages(like I don't), then feel free to push for the government to get out of the business.
 
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