9th Circuit Court says Defense of Mar...

9th Circuit Court says Defense of Marriage Act is Unconstitutional!

There are 154 comments on the queersunited.blogspot.com story from Feb 5, 2009, titled 9th Circuit Court says Defense of Marriage Act is Unconstitutional!. In it, queersunited.blogspot.com reports that:

A ruling by Judge Stephen Reinhardt of the 9th U.S. Circuit Court of Appeals says the Defense of Marriage Act is discriminatory and unconstitutional because it denies partner benefits to spouses of gay federal ...

Join the discussion below, or Read more at queersunited.blogspot.com.

First Prev
of 8
Next Last

Since: Dec 08

Limerick, Ireland

#1 Feb 5, 2009
Awesome. How does this work then, what happens from here?

“Greetings!”

Since: Dec 06

Tampa, FL

#2 Feb 5, 2009
THIS is just the first in a number of legal rulings that are going to fall in favor of GAY MARRIAGE.

I'm sure the radical-hate-filled-religio-na zi's will start screaming, but we ALL knew that it was just a matter of time for laws like DOMA to fall to the wayside.

I just wrote the white house to ask the President to repeal DOMA!
Fred

United States

#3 Feb 5, 2009
None of these laws banning gay marriage are Constitutional as long as we have the First Ammendment. Marriage is a formal declaration and would have to be protected as free speech. I think that this argument needs to be considered.
All citizens have this right of free speech.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#5 Feb 5, 2009
This issue needs to be pushed to the US Supremes. Even Scalia has said that DOMA is most likely unconstitutional. So either way, it's gone.

“Protestant, Gay, Libertarian”

Since: Apr 08

Long Island, NY

#6 Feb 5, 2009
YAAAAAAYYYYY !!!

It's about time !

I have ALWAYS said that DOMA is OBVIOUSLY UNCONSTITUTIONAL ! Because it violates the "Full faith and credit" clause of the U.S. Cconstituion.

The author of the law, former Republican congressman Bob Barr, now has publicly said that the law was a mistake and that it should be repealed.

SCOTUS Justice Scalia, the MOST conservative member of the court has publicly said that DOMA is "probably unconstitutional".

It's a great day and about time !

:)

PEACE !

:)

“God hates me!”

Since: May 07

West Texas, USA

#7 Feb 5, 2009
occono wrote:
Awesome. How does this work then, what happens from here?
Feds will have the option to appeal, but I dont think they will, or hope the wont. But then again, if they do appeal, it will go to SCOTUS and that could either abolish it or reaffirm it... hard to tell what side it will fall on this early in the game.

If i am not mistaken, this will only be in effect in the area covered by the 9th Circuit. So other court districts will not be affected.

“Protestant, Gay, Libertarian”

Since: Apr 08

Long Island, NY

#8 Feb 5, 2009
If Obama REALLY favors EQUAL RIGHTS, he will tell his Solicitor General NOT to appeal this decision !

If Obama DOES tell the Solicitor General to appeal this decision, then we will KNOW FOR A FACT that Obama does NOT favor EQUAL RIGHTS !

Let's hope and pray that Obama does the right thing.

PEACE !

:)
Reverend Alan

Menlo Park, CA

#10 Feb 5, 2009
I would still like to see a list of all the companies that contributed big bucks to 'yes on 8.'

“Church | | State”

Since: Jun 07

Toby's Landing

#11 Feb 5, 2009
Daniel P from Long Island wrote:
If Obama REALLY favors EQUAL RIGHTS, he will tell his Solicitor General NOT to appeal this decision !
If Obama DOES tell the Solicitor General to appeal this decision, then we will KNOW FOR A FACT that Obama does NOT favor EQUAL RIGHTS !
Let's hope and pray that Obama does the right thing.
PEACE !
:)
I don't know all the ins and outs of how this works... You sound like you do. IF the Solicitor General (or whoever) decided NOT to appeal it then wouldn't it essentially be struck down and unenforceable anyway? Seems like that would be easier than having to go through the process to actually repeal the stupid thing. Or is that something that would be necessary anyway? It's exciting news but not knowing the process makes me a little nervous.

“LIFE'S TO SHORT TO LET TOPIX”

Since: Aug 08

TROLLS GET YA DOWN:-)

#12 Feb 5, 2009
Now,
Let's get the DOMA repeled and start treating those same-sex couples who are legally married like the American Citizens they are.

My wife and I are thrilled to hear this news.....it is something that we believed would be found to be UNCONSTITUTIONAL once it was challeneged.

Blessed Be to Everyone
equalityboy81

United States

#13 Feb 5, 2009
I'm certain conservatives will sue to get this ruling overturned. And Republicans will use this as a wedge issue in two years and in four years. It will be a competetion between the parties of who hates gays more. Republicans fight amongst themselves over gay issues as well.

“Protestant, Gay, Libertarian”

Since: Apr 08

Long Island, NY

#14 Feb 5, 2009
Lazlow wrote:
<quoted text>
I don't know all the ins and outs of how this works... You sound like you do. IF the Solicitor General (or whoever) decided NOT to appeal it then wouldn't it essentially be struck down and unenforceable anyway? Seems like that would be easier than having to go through the process to actually repeal the stupid thing. Or is that something that would be necessary anyway? It's exciting news but not knowing the process makes me a little nervous.
Yes, yo do not know what you are talking about. I'm not being mean, just factual. Yes I am schooled in the law.

The law was declared unconstitutional in the 9th circuit. The United States Courts for the Ninth Circuit consists of the U.S. Court of Appeals for the Ninth Circuit, and the district and bankruptcy courts and related court units for the Districts of Alaska, Arizona, Northern California, Central California, Eastern California, Southern California, Hawaii, Idaho, Montana, Nevada, Oregon, Eastern Washington, Western Washington, the U.S. Territory of Guam and the Commonwealth of the Northern Mariana Islands.

The court's ruling applies only to those jurisdictions.

The Solicitor General (SG) represents the federal government in court actions. He acts at the direction of the President Of The United States (POTUS).

The SG will appeal the 9th Circuit Court's ruling to the Supreme Court Of The United States (SCOTUS), but only at the direction of POTUS.

So, it's up to Obama if he wants to appeal this decision. Since he says he favors EQUALITY, i certainly hope he DOES NOT appeal the court's decision.

If Obama DOES order his SG to appeal the ruling, then we will know that he does NOT favor EQUALITY.

SCOTUS will become involved ONLY if they agree to hear a case that has been appealed to them. SCOTUS has the ABSOLUTE RIGHT under the U.S. Constitution, to hear or NOT hear any case they wish, which is appealed to them. Their original jurisdiction is limited by the U.S. Constitution and by Congress.

So right now, the bottom line is that DOMA is not in effect in the states and territories of the 9th circuit, but is in effect in the other states and territories.

If a federal judge in another circuit UPHOLDS DOMA, then SCOTUS would hear the case and rule whether DOMA is in fact constitutional or not.

I think it is UNCONSTITUTIONAL, Now, for the first time, a federal judge has agreed. PLUS the author of DOMA, former Representative Bob Barr, now says it was a mistake and should be repealed.

Even SCOTUS Justice Antonin Scalia, the MOST conservative member of SCOTUS, has said that DOMA is "probably unconstitutional".

I think we are truly beginning to turn the corner on EQUAL RIGHTS for gay people, and that the social conservatives have lost the culture wars.

I think some of them realize that now too.

I'm a former conservative Republican that finally "saw the light" and became a Libertarian 20 years ago.

I could say a lot more on this subject, but I think I will give it a rest now for 5 or so minutes.

PEACE !

:)

“Adam and Steve”

Since: Aug 08

Earth

#15 Feb 5, 2009
Reverend Alan wrote:
I would still like to see a list of all the companies that contributed big bucks to 'yes on 8.'
Here: have fun!

http://www.sfgate.com/webdb/prop8/
born that way

Washington, DC

#16 Feb 5, 2009
Well, the DOMA says that states don't have to honor other states' laws regarding the legality of marriage. But in California, this couple is married. Does DOMA also prohibit the federal government from granting them the same benefits package that every other federal employee gets?

“Protestant, Gay, Libertarian”

Since: Apr 08

Long Island, NY

#17 Feb 5, 2009
DOMA is UNCONSTITUTIONAL (and my self and others have said so since DAY ONE when that bastard Clinton signed this piece of crap into law)

because...

it VIOLATES the "Full Faith And Credit" clause of the U.S. Constitution.(Article IV., Section 1.)
Reason

Houston, TX

#18 Feb 5, 2009
Thanks "Daniel P from Long Island" for actually following good acronym practice by actually defining the acronym the first time it is used, and warning us that it will be used later. So annoying when people don't bother doing this. Makes things with unfamiliar acronyms so much easier to read. I wish everyone would do this.

“Protestant, Gay, Libertarian”

Since: Apr 08

Long Island, NY

#19 Feb 5, 2009
Reason wrote:
Thanks "Daniel P from Long Island" for actually following good acronym practice by actually defining the acronym the first time it is used, and warning us that it will be used later. So annoying when people don't bother doing this. Makes things with unfamiliar acronyms so much easier to read. I wish everyone would do this.
Those acronyms, SCOTUS & POTUS, are not of my making. They are used frequently in the general media, such as by the AP & CNN.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#21 Feb 6, 2009
Problem. This WAS NOT a ruling by the 9th Circuit Court. This was a ruling by one justice acting as a mediator to resolve a dispute between a federal govt employee and the federal govt. This employee is not allowed by law to sue the govt (just like military members can not sue the govt).

So while this is indeed a victory for the individual involved, it DOES NOT set precedent for any future cases which may be brought, and DOES NOT invalidate DOMA throughout the jurisdiction of the 9th circuit court. If only applies to the 2 individuals involved.

Also, this ruling is not subject to appeal, because it wasn't a lawsuit. It's set up kinda like arbitration, everybody agrees abide by the ruling with no possibility of appeal.

This does however give an indication of where the courts will likely stand when a lawsuit challenging DOMA does eventually reach them.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#22 Feb 6, 2009
born that way wrote:
Well, the DOMA says that states don't have to honor other states' laws regarding the legality of marriage. But in California, this couple is married. Does DOMA also prohibit the federal government from granting them the same benefits package that every other federal employee gets?
YES. That's the whole problem with the Federal DOMA. It specifically prevents the federal govt from recognizing anything other than heterosexual marriage (gay marriage, civil union, domestic partnership, etc.).

Think about this. Two legally married couples from Massachusetts both apply for federal benefits. Couple #1 is approved, while couple #2 is denied. The ONLY significant difference between the couples is that #1 is straight, while #2 is gay. They are both legally married, but couple #2 is denied benefits because they are gay. Remember, there is no such thing as "gay marriage", there is one institution called simply "marriage".

Obviously it's unconstitutional under equal protection, but until it gets to the courts, it's legal. The reason WHY these cases haven't reached the courts yet is another question. Intentional delay because everybody knows the outcome and are trying to stall for time??
Robby

Mission Viejo, CA

#23 Feb 6, 2009
Looks like we need a Constitution amendment declaring marriage between a man and a woman after all.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker
First Prev
of 8
Next Last

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.

US News Discussions

Title Updated Last By Comments
News Evolution vs. Creation (Jul '11) 5 min Subduction Zone 164,335
News Former U.S. House Speaker Hastert indicted on f... 6 min Over and Out 5
News Once slow-moving threat, global warming speeds ... (Dec '08) 10 min Earthling-1 53,502
News U.S. President Obama visits family of journalis... 19 min American_Infidel 1
News Ireland same-sex marriage 23 min -This And That- 284
News Atheists Aren't the Problem, Christian Intolera... (Oct '14) 24 min thetruth 7,470
News Thousands Protest Roe V. Wade Decision (Jan '08) 25 min cpeter1313 309,947
News Barack Obama, our next President (Nov '08) 33 min Incognito4Ever 1,234,296
Election 'Fox News Sunday' to Host Kentucky Senate Debate (Oct '10) 1 hr Limbertwig 182,800
News The President has failed us (Jun '12) 1 hr Quirky 328,657
News BARACK OBAMA BIRTH CERTIFICATE: Suit contesting... (Jan '09) 2 hr red and right 190,216
More from around the web