DOMA Has Its Day In Court, Will It Su...

DOMA Has Its Day In Court, Will It Survive?

There are 12 comments on the lezgetreal.com story from Mar 27, 2013, titled DOMA Has Its Day In Court, Will It Survive? . In it, lezgetreal.com reports that:

The Defense of Marriage Act or DOMA heads to the US Supreme Court where issues of jurisdiction could once again send the case back to the lower courts.

Join the discussion below, or Read more at lezgetreal.com.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#1 Mar 27, 2013
iT'S clearly UNCONSTITUTINAL and that BASTARD Clinton should have been impeched, and convicted, SIMPLY for signing it in the first place ! THE BASTARD !

Sei

Since: Nov 08

Rutland, VT

#2 Mar 27, 2013
Fa-Foxy wrote:
iT'S clearly UNCONSTITUTINAL and that BASTARD Clinton should have been impeched, and convicted, SIMPLY for signing it in the first place ! THE BASTARD !
Ahem...at which point every single Republican and Democrat who voted for it- including Bob Barr who wrote it- should have been impeached.

Don't try to act as if Clinton is the blameless one in this.

However, if the Republicans would bend on the issue and adapt like the Democrats, then they could just legislate it out of law.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#3 Mar 27, 2013
Sei wrote:
<quoted text>
Ahem...at which point every single Republican and Democrat who voted for it- including Bob Barr who wrote it- should have been impeached.
Don't try to act as if Clinton is the blameless one in this.
However, if the Republicans would bend on the issue and adapt like the Democrats, then they could just legislate it out of law.
Why hasn't the DEMOCRAT-controlled Senate voted to repeal DOMA, i Democrats are so against it ?

And Clinton COULD HAVE vetoed it. THE BASTARD !

TRULY Clinton was one of teh WORST POTUSes teh U.S. has ever had, ranking down at the bottom of the barrel with The Obamaniac, Jimmy Carter, Johnson (BOTH !), Kennedy, Truman, FDR, Wilson, and Grover Cleveland, and my great-great-great-grand uncle Frank Pierce. PURE EVIL.

“ reality, what a concept”

Since: Nov 07

this one

#4 Mar 27, 2013
DOMA was Billy Jeff's deal with the forces of darkness not do anything worse to us. He sold us out in order to save us. The Baehr decision in Hawaii seriously freaked the Republican base and SOMETHING was going to be done about it, whether Billy boy went cooperatively or like Ned Beatty in Deliverance. They were that close to Baker v Nelson being beaten to death and wanted to make damn sure they didn't get there again any time soon.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#5 Mar 27, 2013
Rick in Kansas wrote:
DOMA was Billy Jeff's deal with the forces of darkness not do anything worse to us. He sold us out in order to save us. The Baehr decision in Hawaii seriously freaked the Republican base and SOMETHING was going to be done about it, whether Billy boy went cooperatively or like Ned Beatty in Deliverance. They were that close to Baker v Nelson being beaten to death and wanted to make damn sure they didn't get there again any time soon.
It always amazes me at the number of apologists for that Bastard. before you worked for him, you worked for Gorbachev, Stalin, Lenin, Castro, Jimmy Carter, Walter Duranty,and FDR, right ?

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#6 Mar 27, 2013
So what happens if the SCOTUS rules Congress has no standing and kicks the DOMA case back?

I know the immediate effect is the whole appeal is wiped out and the disctrict court ruling stands.

But then what?

Does each married same-sex couple have to sue individually to get each of the 1000+ federal rights?

Does the President issue an executive order for all federal agencies to treat married same-sex couples the same as opposite-sex couples for federal benefits?

Who sues to prevent that from happening?

What a f-ing mess this could turn out to be.

“ reality, what a concept”

Since: Nov 07

this one

#7 Mar 27, 2013
Not apologizing for him, just not getting my panties in a twist over what he did. Thankfully, all we was to blame him for is a law so screamingly unconstitutional that not even one Judge has found it is, his contribution to our history could have ended in something a whole lot worse.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#9 Mar 27, 2013
WeTheSheeple wrote:
So what happens if the SCOTUS rules Congress has no standing and kicks the DOMA case back?
I know the immediate effect is the whole appeal is wiped out and the disctrict court ruling stands.
But then what?
Does each married same-sex couple have to sue individually to get each of the 1000+ federal rights?
Does the President issue an executive order for all federal agencies to treat married same-sex couples the same as opposite-sex couples for federal benefits?
Who sues to prevent that from happening?
What a f-ing mess this could turn out to be.
I beleive that teh federal appeals courts rulings would stand. And since several federal appeals courts have ruled that DOMA is unconstitutional, DOMA would NOT apply in the states covered by those appeals courts, but WOULD apply in the states where federal appeals courts have not ruled on teh matter. This would be a nightmare as far as teh IRS is concerned, and may lead some people to move to another state.

Your scenario would produce a patchwork application of federal laws which I think is really not workable. This is why it is EXTREMELY important that SCOTUS rule on teh merits of DOMA, and as it is UNQUESTIONABLY UNCONSTITUTIONAL, SCOTUS should rule it so.

Sei

Since: Nov 08

Rutland, VT

#10 Mar 27, 2013
Fa-Foxy wrote:
<quoted text>
Why hasn't the DEMOCRAT-controlled Senate voted to repeal DOMA, i Democrats are so against it ?
And Clinton COULD HAVE vetoed it. THE BASTARD !
TRULY Clinton was one of teh WORST POTUSes teh U.S. has ever had, ranking down at the bottom of the barrel with The Obamaniac, Jimmy Carter, Johnson (BOTH !), Kennedy, Truman, FDR, Wilson, and Grover Cleveland, and my great-great-great-grand uncle Frank Pierce. PURE EVIL.
Even if the Senate passes a bill to take down DOMA, the House will not.

Your hate blinds you. Even though I feel that GW Bush was a bad president, I do not hate him and do not think he is evil.

BTW, I mentioned Bill O'Reilly's change of heart on marriage equality, but I guess your hatred made you blind to that too.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#11 Mar 27, 2013
Fa-Foxy wrote:
<quoted text>
I beleive that teh federal appeals courts rulings would stand. And since several federal appeals courts have ruled that DOMA is unconstitutional, DOMA would NOT apply in the states covered by those appeals courts, but WOULD apply in the states where federal appeals courts have not ruled on teh matter. This would be a nightmare as far as teh IRS is concerned, and may lead some people to move to another state.
Your scenario would produce a patchwork application of federal laws which I think is really not workable. This is why it is EXTREMELY important that SCOTUS rule on teh merits of DOMA, and as it is UNQUESTIONABLY UNCONSTITUTIONAL, SCOTUS should rule it so.
No, if there is no standing to appeal, then the appeals court ruling is wiped out and only the district court ruling will stand.

If that happens, it truly WILL be a mess.

“ reality, what a concept”

Since: Nov 07

this one

#12 Mar 27, 2013
WeTheSheeple wrote:
So what happens if the SCOTUS rules Congress has no standing and kicks the DOMA case back?
I know the immediate effect is the whole appeal is wiped out and the disctrict court ruling stands.
But then what?
Does each married same-sex couple have to sue individually to get each of the 1000+ federal rights?
Does the President issue an executive order for all federal agencies to treat married same-sex couples the same as opposite-sex couples for federal benefits?
Who sues to prevent that from happening?
What a f-ing mess this could turn out to be.
IF Windsor is decided on the standing issue alone, it would depend on just how badly the Court reigns in the BLAG. They may not kick them to the curb entirely, but just whack them on the knuckles for how they acted. It may be a case where the only constitutional way for them to intervene is with a proper vote giving them the authority to do so. They might even insist both the House and Senate approve such doings before Congress can usurp the Executive.

Unless and until Congress can resolve the constitutional issues with the BLAG's appeal, the Executive would be within its authority to not enforce DOMA in any way they want. However, a future, less friendly, Executive would be able to take up the appeal, if it isn't off the books before then.

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#13 Mar 27, 2013
Sei wrote:
<quoted text>
Even if the Senate passes a bill to take down DOMA, the House will not.
Your hate blinds you. Even though I feel that GW Bush was a bad president, I do not hate him and do not think he is evil.
BTW, I mentioned Bill O'Reilly's change of heart on marriage equality, but I guess your hatred made you blind to that too.
I realize that if the Senate votes to repeal DOMA, that teh House will not. This is why it is extremely important for SCOTUS to rule on the merits and strike it down as unconstitutional, BECAUSE IT OBVIOUSLY IS UNCONSTITUTIONAL. Rarely are cases before SCOTUS so clear cut as this one is.

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