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DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 6:07 am
by Dave (imported)
It's only the first minutes and I have no text but this is spectacular.
Over 50 pages and it looks like a broad ruling.
Re: DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 6:13 am
by Dave (imported)
And in one of the dissents to the DOMA decision, the wording points to Prop 8 (the second case) being denied and Same Sex Marriage being upheld as constitutional in California (A narrow decision but still significant).
Re: DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 6:26 am
by Dave (imported)
This is the money quote:
the ruling said. “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the Federal Statue is in violation of the Fifth Amendment."
And that changes the game
Re: DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 8:37 am
by janekane (imported)
I tend to peruse the SCOTUS Blog for details and lawyerly insights as well as a broader view from non-attorneys:
www.scotusblog.com
Human evolution being demonstrated?
Re: DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 1:12 pm
by Losethem (imported)
California is not yet (as of June 26, 2013) issuing marriage licenses due to this ruling. There is a 25-day stay in effect from the 9th circuit. The California Attorney General has asked for this 25-day stay to be waived and for county clerks to start issuing marriage licenses to same-sex couples.
I'd love to go to my home county (which is very conservative - kind of makes Mississippi look liberal), get a license, then promptly mail a copy to my "moral" and homophobic brother who has 2 kids out of wedlock with his girlfriend that he has yet to marry. I'd find great irony that at age 42, I would be the first of my mothers 3 kids to marry, and it wouldn't be so-called traditional marriage.
--LT
Re: DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 1:38 pm
by Riverwind (imported)
There is a lady I think she is in New York that the government owes over 300k too.
River
Re: DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 1:41 pm
by Dave (imported)
Riverwind (imported) wrote: Thu Jun 27, 2013 1:38 pm
There is a lady I think she is in New York that the government owes over 300k too.
River
She was the Plaintiff who brought the suit against DOMA...
As we found out with Prop 8, to have standing you must show damage and when her partner died the $300K was the damage.
Re: DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 2:14 pm
by devi (imported)
In New Mexico where same sex marriage has always existed from what I can tell but where same sex weddings had been abolished with an officially worded marriage certificate designating a male participant and a female participant (making way for New Mexico to come into the modern age), we are still waiting to see when the state will officially allow same sex weddings to take place again. The church which is primarily Catholic here has always tried its best to eradicate this "sacrilege" among the "savages". From what I know most same-sexers as of late had been flying to Omaha (which is across the border) or to Des Moines or else travelling across conservative Kansas into Iowa in order to get their weddings performed but now it looks like they may be switching to California for their weddings. At least for a while. The New Mexico supreme court is supposed to make a ruling sometime this year maybe. There are many here that got married in Sandoval county in 2004 and are now in a legal limbo over this.
Re: DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 3:25 pm
by devi (imported)
Everyone from New Mexico may start going over to El Centro, California for their nuptials in a month. How fitting: "The Center" for a wedding.
Re: DOMA is struck down as unconstitutional
Posted: Thu Jun 27, 2013 4:45 pm
by Dave (imported)
There's going to be a monstrous bunch of rule changes because if you live in a state that doesn't recognize same sex marriage but are married in a second state and filing Federal Taxes as married, what tax forms do you file in the state you live in? THe Supreme Court didn't require one state to follow another state's rules. It wasn't that broad.
Also, in states where there are military bases and a same sex spouse lives onbase in married housing what does that do to their status in the state if the state does not recognize same sex marriage?
There's all sorts of chances for mischief that can be played out.