DOMA and Prop 8

The Supreme Court issued its final rulings this morning. DOMA was struck down with the liberal wing suddenly rediscovering federalism. Prop 8 was dismissed on standing (with an odd coalition of Scalia, Roberts, Kagan, Breyer and Ginsburg) which effectively means it is dead as well.

More commentary to come. Discuss.

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  1. Xetrov

    (with an odd coalition of Scalia, Roberts, Kagan, Breyer and Ginsburg)

    Those are strange bedfellows. I wonder what dirt on Scalia and Roberts the NSA turned over to the DNC. ;-)

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  2. West Virginia Rebel

    Scalia wrote (and spoke) the dissenting opinion. I guess he needed to pound his fist one last time.

    Basically, it seems they left it to the states but said that gay marriage bans are a violation of the equal protection clause.

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  3. Xetrov

    but said that gay marriage bans are a violation of the equal protection clause.

    As I read it, they clearly state that the DOMA provisions defining marriage between a man and a woman in Federal Law are unconstitutional. They didn’t rule on the constitutionality of Prop 8 itself, just that the organizations defending it in court have no business doing it. From SCOTUSBlog –

    After the two same-sex couples filed their challenge to Proposition 8 in federal court in California, the California government officials who would normally have defended the law in court, declined to do so. So the proponents of Proposition 8 stepped in to defend the law, and the California Supreme Court (in response to a request by the lower court) ruled that they could do so under state law. But today the Supreme Court held that the proponents do not have the legal right to defend the law in court. As a result, it held, the decision by the U.S. Court of Appeals for the Ninth Circuit, the intermediate appellate court, has no legal force, and it sent the case back to that court with instructions for it to dismiss the case.

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  4. Hal_10000 *

    Xetrov, I think that’s right. The majority ruled that the Prop 8 appelants didn’t have standing. That doesn’t overturn Prop 8 specifically, but it effectively does by letting the lower court ruling stand. Two of the dissenting justices would have oveturned Prop 8 on equality grounds. DOMA was overturned on federalist grounds saying that the Feds have no business refusing to recognize a marriage that a state has authorized.

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  5. Xetrov

    Ahh, the short memory of politics.

    President Bill Clinton released a statement, together with his wife Hillary Clinton, hailing the Supreme Court’s decision to overturn the Defense of Marriage Act.

    “By overturning the Defense of Marriage Act, the Court recognized that discrimination towards any group holds us all back in our efforts to form a more perfect union. We are also encouraged that marriage equality may soon return to California. We applaud the hard work of the advocates who have fought so relentlessly for this day, and congratulate Edie Windsor on her historic victory,” the Clintons’ statement reads.

    The bill that he signed into law while campaigning for re-election in 1996.

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  6. CM

    My favourite tweet:

    Jon Lovett @jonlovett

    What about love-based marriage with sodomy like once a week? RT @BryanJFischer: Sodomy-based marriage is a violation of the laws of God.

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  7. Seattle Outcast

    Sodomy-based marriage is a violation of the laws of God.

    1) provide proof of said “god” existing

    2) the USA is not a theocracy, so your “holy writings” (of dubious legitimacy) or “laws” are not enforceable

    3) what business is of yours if two people engage in a bit of buggery? I mean, your wife liked it well enough when we were doing the deed last week…

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  8. Nexus

    And this is supposed to be a conservative court. Imagine what it will be like when the court goes liberal…
    Seriously though, I can’t get worked up over this. I just don’t care. If gays wish to be married fine by me. It doesn’t effect my life, my family, or my marriage in any way, shape, or form. I don’t see it as a civil rights issue and I don’t see western civilization coming to a crashing halt. So I will stifle a yawn and move on.

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