DOMA Declared Unconstitutional Again - By a Bush Appointee (user search)
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  DOMA Declared Unconstitutional Again - By a Bush Appointee (search mode)
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Author Topic: DOMA Declared Unconstitutional Again - By a Bush Appointee  (Read 1245 times)
H.E. VOLODYMYR ZELENKSYY
Alfred F. Jones
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Posts: 15,141
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« on: July 31, 2012, 11:22:32 PM »

Heh heh...'blag'.

In all seriousness, freedom is on a Usain Bolt-like run.
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H.E. VOLODYMYR ZELENKSYY
Alfred F. Jones
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Posts: 15,141
United States


« Reply #1 on: August 01, 2012, 12:55:43 PM »

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.

The Roberts Court is hardly a model of obeisance of conventional wisdom.
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