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Discussion in 'Politics' started by TomCat84, Jul 8, 2010.
Federal Judge In Boston Rules Gay Marriage Ban Unconstitutional
Good for MA...now who wants to place bets on how long it takes to be appealed to SCOTUS so it can apply to all states?
If it's a federal court ruling (which this is) then it DOES apply to all states!
Not a legal scholar, are you?
TomCat beat me to the punch. Evidently, the reason why DOMA was declared unconstitutional was based on the 10th Amendment, which is one of the Teabagger's obsessions, especially in regards to Health Care Reform.
Does this mean that Teabaggers will now stand strong for Marriage Equality?
Irony is such a beautiful thing sometimes, isn't it? :biggrin1:
Gets a warm, fuzzy glow outta me every time, doll.
It is far from over. Being that states determine eligibility for marriage, you'll have a continuation of past practices.
However: if DOMA is declared unconstitutional by SCOTUS, then it will change the status of couples married in MA, CT, IA, NH, etc regarding everything from the INS to the IRS, etc, as well as Medicare, etc.
It will level the playing field immensely.
"Defense" of Marriage... What a joke. If they REALLY cared about the sanctity of marriage (and not just a gay witch hunt) they'd outlaw divorce.
So I guess the Republicans here are pretty pissed off that hatred and bigotry lost this round.
So sorry, y'all!
Wouldn't it first be appealed to the Circuit Court of Appeals? Not sure which one covers that area....
"An appeal would be considered by the 1st Circuit, which also includes Rhode Island, Maine and New Hampshire."
Federal judge rules for gay rights | CapeCodOnline.com
Yep, that would be the First Circuit...but their ruling would only apply to that jurisdiction. It isn't universal until SCOTUS rules on it.
Unless, of course, the DoJ wants to play nicely and not appeal...but I wouldn't hold my breath waiting for that to happen.
I need to read the decision more thoroughly when I have the time to do so. Did the judge simply strike down the part which prohibited federal recognition, or did he also strike down the part allowing states to ignore same sex marriages performed in other states?
Shhhhhhhh I'm quite happy having an ex-wife, don't give them any ideas lol
By lumping all Republicans as being bigots and hateful, doesn't that by default also make you a bigot? Just asking :tongue:. If you look state by state you need a substantial Democratic vote to squash any gay marriage bills. If tens of thousands of Liberals didn't vote for prop 8 in CA it wouldn't have passed. Exit polls showed a vast majority of African Americans also voted for the amendment, and numbers show a vast majority of that demographic is in fact Democrat.
Now don't get me wrong, obviously there are more religious nuts on the far right, but by no means do they hold a monopoly on the idea. Hell in the state of Mass you have a large population of Catholics, conservative Catholics but yet are Democratic when vote time comes.
Does the right stand on the soap box a lot more when it comes to gay marriage, yes, do they push that agenda more than the left, yes. But if the left really wanted gay marriage to pass, they could get it done. They are just as afraid to rock the boat as anyone else. Which to be frank, shocks me to death why anyone in this day and age is a Republican or Democrat.
"I don't know if you've noticed, but our two party system is a bowl of shit looking in the mirror at itself." - Lewis Black
My understanding of the decision was that the Judge declared DOMA, in its entirety, to be unconstitutional:
Judge Tauro, who was nominated to the bench by President Richard Nixon, held in Gill that DOMA violates the U.S. Constitution’s guarantee of equal protection of the laws, concluding that “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.” These decisions are likely to be appealed by the Department of Justice to the U.S. Court of Appeals for the First Circuit.
HRC | Federal Court Declares Part of Defense of Marriage Act Unconstitutional
Here's a link to the ruling:
This is Obama's chance to call off any appeal and finally take a stand for equal rights.
Not so fast. The federal government itself will have to recognize the relationships as legit for the the playing field to change. With this being an election year, and the incumbents being under the gun from a very angry electorate, it may or may not happen.