Justices raise concerns about Defense of Marriage Act defense
WASHINGTON -- A lawyer defending the federal law that denies benefits to legally married same-sex couples faced skeptical questions from key Supreme Court justices, who suggested the law wrongly discriminated against gays and improperly intruded into the right of states to define marriage.
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Since: Aug 08
#5 Mar 27, 2013
I pray they'll throw out DOMA for good.
Since: Apr 08
#6 Mar 27, 2013
Section 3 of DOMA looks doomed, but not for the reason the advocates want. Rather than strike it down because it unconstitutionally denies same-sex couples the equal protections of the law, the Court is more likely to strike it down because it impermissibly infringes on a state's right to regulate civil marriage.
Section 2 of DOMA wasn't contested and will still stand. That section says that states will not be required to recognize the civil marriages of same-sex couples from other states, pursuant to the public policy exception (created by the Supreme Court in 1939) of the Full Faith and Credit Clause of Article IV, Sec. 1 of the Constitution.
“ WOOF ! ”
Since: Nov 12
#7 Mar 27, 2013
I think it will be ruled unconstitutinal by SCOTUS. I listened to all of the arguments, and although I would rather see it struck down on the 14th Amendment's "equal protection" clause, I think it will be struck down on the basis of federalism. Now that would really be based on the Bill Of Rights' 10th Amendment, and that isn't bad either, as I believe the 10th Amendment is an IMPORTANT part of teh Bill Of Rights, and that amendment is too often ignored.
Either way, I think DOMA will be finished in about 90 days.
And I STILL AM A FIRM BELIEVER that ALL states MUST legally recognize ALL the marriages performed in ALL other states, based on the "full faith and credit" clause.
And sine we will probbaly only achieve a partial victory in the Prop. 8 case (which we SHOULD celebrate, as only a few years ago, such a victory was unthinkable), we should start planning our strategy and cases to achieve COMPLETE VICTORY, which I define as "100% EQUALITY IN ALL RESPECTS FOR LGBT AMERICANS".
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