DOMA Declared Unconstitutional Again - By a Bush Appointee

[greenforest32]

Any Constitutional overturn of DOMA would have to be based on an Equal Protection argument, not Full Faith and Credit, and in doing so would have to overturn not only DOMA but also all State bans on same-sex marriage, save perhaps that the "marriage"/"civil union" distinction might be maintained.

I've been thinking that if SCOTUS does deal with DOMA, it will be a narrow ruling that leaves the issue of interstate recognition of same-sex marriages for another time and focuses mainly on the federal-state recognition/benefits. I would be totally for them striking down all state bans but I don't see that happening right now.

[greenforest32]

Any Constitutional overturn of DOMA would have to be based on an Equal Protection argument, not Full Faith and Credit, and in doing so would have to overturn not only DOMA but also all State bans on same-sex marriage, save perhaps that the "marriage"/"civil union" distinction might be maintained.

I've been thinking that if SCOTUS does deal with DOMA, it will be a narrow ruling that leaves the issue of interstate recognition of same-sex marriages for another time and focuses mainly on the federal-state recognition/benefits. I would be totally for them striking down all state bans but I don't see that happening right now.

I don't see how they can strike down DOMA without at the very least preparing a clear path for overturning the State laws banning same-sex marriage, even if they don't do it in that decision.

So do you think they'd overturn the lower court decisions and let DOMA stand? I was expecting them to (partially) strike it down but in a way that avoids overturning the state bans or explicitly ruling them constitutional. I think they'd take the same route for the California lawsuit (Perry v. Brown) in the 9th circuit that is now heading their way: http://latimesblogs.latimes.com/lanow/2012/08/gay-marriage-foes.html

Something like refusing to hear the Prop 8 appeal and letting the lower court's ruling (a narrow overturn of just Prop 8 as opposed to all state bans or all the state bans within the 9th circuit) stand along with Baker v. Nelson.