Hawaii preps for battle over gay-marr...

Hawaii preps for battle over gay-marriage

There are 9 comments on the www.washingtontimes.com story from Sep 11, 2013, titled Hawaii preps for battle over gay-marriage. In it, www.washingtontimes.com reports that:

The push for gay marriage in Hawaii is revving up advocates on both sides as lawmakers prepare for a special session to address the issue next month.

Join the discussion below, or Read more at www.washingtontimes.com.

Since: Jun 11

AOL

#1 Sep 11, 2013
"This court simply "cannot say that DOMA is directed to any identifiable legitimate purpose or discrete objective. It is a status-based enactment divorced from any factual context from which this court could discern a relationship to legitimate government interests. Indeed, Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification, the Constitution clearly will not permit.

In the wake of DOMA, it is only sexual orientation that differentiates a married couple entitled to federal marriage-based benefits from one not so entitled. And this court can conceive of no way in which such a difference might be relevant to the provision of the benefits at issue. By premising eligibility for these benefits on marital status in the first instance, the federal government signals to this court that the relevant distinction to be drawn is between married individuals and unmarried individuals. To further divide the class of married individuals into those with spouses of the same sex and those with spouses of the opposite sex is to create a distinction without meaning. And where, as here, "there is no reason to believe that the disadvantaged class is different, in relevant respects" from a similarly situated class, this court may conclude that it is only irrational prejudice that motivates the challenged classification. As irrational prejudice plainly never constitutes a legitimate government interest, this court must hold that Section 3 of DOMA as applied to Plaintiffs violates the equal protection principles embodied in the Fifth Amendment to the United States Constitution."

http://docfiles.justia.com/cases/federal/dist...

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#2 Sep 11, 2013
There appears to be a solid majority in favor in the Senate, The House may be closer, though there are supposedly 27 confirmed yes votes (only 26 needed to pass).

That's probably why the Gov decided to call the special session.

Since: Jun 11

AOL

#3 Sep 11, 2013
(Golinski):

"The Court finds that neither Congress' claimed legislative justifications nor any of the proposed reasons proffered by BLAG constitute bases rationally related to any of the alleged governmental interests. Further, after concluding that neither the law nor the record can sustain any of the interests suggested, the Court, having tried on its own, cannot conceive of any additional interests that DOMA might further."

"Prejudice, we are beginning to understand, rises not from malice or hostile animus alone. It may result as well from insensitivity caused by simple want of careful, rational reflection or from some instinctive mechanism to guard against people who appear to be different in some respects from ourselves."

Conclusion: DOMA, as it relates to Golinski's case, "violates her right to equal protection of the law under the Fifth Amendment to the United States Constitution" and "the statute fails to satisfy heightened scrutiny and is unconstitutional as applied to Ms. Golinski."

Read more: http://www.sfgate.com/cgi-bin/article.cgi...

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#4 Sep 11, 2013
The only downside to marriage equality in Hawaii is it would make the federal case pending in the 9th circuit moot.

Luckily there is a companion case out of Nevada also before the 9th circuit.

2013 is yet another banner year for equality.

2014 is shaping up to be the same.

Since: Mar 09

Location hidden

#5 Sep 11, 2013
Not Yet Equal wrote:
(Golinski):
"The Court finds that neither Congress' claimed legislative justifications nor any of the proposed reasons proffered by BLAG constitute bases rationally related to any of the alleged governmental interests. Further, after concluding that neither the law nor the record can sustain any of the interests suggested, the Court, having tried on its own, cannot conceive of any additional interests that DOMA might further."
"Prejudice, we are beginning to understand, rises not from malice or hostile animus alone. It may result as well from insensitivity caused by simple want of careful, rational reflection or from some instinctive mechanism to guard against people who appear to be different in some respects from ourselves."
Conclusion: DOMA, as it relates to Golinski's case, "violates her right to equal protection of the law under the Fifth Amendment to the United States Constitution" and "the statute fails to satisfy heightened scrutiny and is unconstitutional as applied to Ms. Golinski."
Read more: http://www.sfgate.com/cgi-bin/article.cgi...
If you weren't already married ...!!!

Since: Jun 11

AOL

#6 Sep 11, 2013
snyper wrote:
<quoted text>
If you weren't already married ...!!!
Blush... I included the link just in case you dropped by.

Since: Mar 09

Location hidden

#7 Sep 11, 2013
Not Yet Equal wrote:
<quoted text>
Blush... I included the link just in case you dropped by.
Such precision and quality of presentation (with proper citation) is the fragrance of flowers in this cesspit.

Since: Jun 11

AOL

#8 Sep 11, 2013
snyper wrote:
<quoted text>
Such precision and quality of presentation (with proper citation) is the fragrance of flowers in this cesspit.
Ha Ha. There goes my balloon. Yeah, I had hoped the hate trolls and army of sock puppets might get tired, but "nothing dies so hard or rallies so often as intolerance" (HW Beecher).... with all the gray box puppets I guess the bar isn't very high, is it...

Since: Mar 09

Location hidden

#9 Sep 12, 2013
Not Yet Equal wrote:
<quoted text>
Ha Ha. There goes my balloon. Yeah, I had hoped the hate trolls and army of sock puppets might get tired, but "nothing dies so hard or rallies so often as intolerance" (HW Beecher).... with all the gray box puppets I guess the bar isn't very high, is it...
Compared to the larger world, no it isn't. But you're definitely of the latter rather than the former.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Neil Abercrombie Discussions

Title Updated Last By Comments
News News 10 Mins Ago Personality, not policy, set t... Sep 8 Cordwainer Trout 11
News Personality, not policy, set to define Hawaii g... Sep 6 American_Infidel 1
News Trump Dispatches Investigators To Hawaii To Loo... (May '11) Jan '17 Pharting Dude 23
News Preservation unit under probe - Hawaii News (Aug '09) Jul '16 Georgina 45
News Hawaii pays off lawyers' fees for Honolulu news... (May '15) May '15 Joe Balls 3
News VIDEO: Hawaii volcano lava prompts evacuation c... (Oct '14) Dec '14 hut 3
News Abercrombie content as he leaves office (Nov '14) Dec '14 Mike 14
More from around the web