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Switch to Forum Live View SCOTUS: DOMA Is Unconstitutional re Differential Treatment of Married Same-Sex Couples
11 months ago  ::  Jun 26, 2013 - 10:12AM #1
TPaine
Posts: 9,054
The link to the 5-4 decision written by Justice Kennedy can be found Here.
"When it shall be said in any country in the world, my poor are happy; neither ignorance nor distress is to be found among them; my jails are empty of prisoners, my streets of beggars; the aged are not in want, the taxes are not oppressive; the rational world is my friend, because I am a friend of its happiness: When these things can be said, then may the country boast its constitution and its government." -- Thomas Paine: The Rights Of Man (1791)
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11 months ago  ::  Jun 26, 2013 - 10:17AM #2
Merope
Posts: 8,794

From the opinion's syllabus:

"DOMA’s principal effect is to identify and make unequal a subset ofstate-sanctioned marriages. It contrives to deprive some couples married under the laws of their State, but not others, of both rights and responsibilities, creating two contradictory marriage regimeswithin the same State. It also forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose offederal law, thus diminishing the stability and predictability of basicpersonal relations the State has found it proper to acknowledge and protect."

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11 months ago  ::  Jun 26, 2013 - 10:18AM #3
Merope
Posts: 8,794

Justice Scalia is among the dissenters to the opinion and he is reading his dissent from the bench as I write.  (Much as Justice Ginsburg read her dissent from the bench in yesterday's Voting Rights Act case.)

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11 months ago  ::  Jun 26, 2013 - 10:22AM #4
Merope
Posts: 8,794

Hard news story on this is here.

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11 months ago  ::  Jun 26, 2013 - 10:26AM #5
rangerken
Posts: 15,858

What will be a huge issue is that this decision does not apply to states that do NOT allow same sex marriage. So, for example, Texas, which does not honor same sex marriage, does NOT have to grant same sex married people equal marriage rights under Texas law, even though the same couples now have them under federal law.


This is going to be a mess in my opinion.



Ken

Libertarian, Conservative, Life member of the NRA and VFW
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11 months ago  ::  Jun 26, 2013 - 10:32AM #6
rangerken
Posts: 15,858

And... prop 8 is now defunct in California because the court sent it backdiown...lcomplicated legalese reasoning... but the end result is that prop 8 is gone, so same sex marriage is legal in California.


Ken

Libertarian, Conservative, Life member of the NRA and VFW
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11 months ago  ::  Jun 26, 2013 - 11:04AM #7
Merope
Posts: 8,794

By way of clarification, the Court did not strike down all of DOMA.  It only struck down the portion(s) that limit marriage to hetero couples.  So, basically - applying Amy Howe's analysis at SCOTUSblog - the law remains intact except that legally married same-sex couples must now be treated the same under federal law as legally married hetero couples.

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11 months ago  ::  Jun 26, 2013 - 11:18AM #8
TemplarS
Posts: 6,254

This is as I expected. 


The Court ruled narrowly in both cases.  So, victories for same-sex marriage, but not the final victory (a ruling that prohibiting same sex marriage is unconstitutional) that many wanted.


From this Court, however, it is probably as much as advocates of same-sex marriage could have hoped for.


 


 

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11 months ago  ::  Jun 26, 2013 - 11:50AM #9
Merope
Posts: 8,794

Obama on Twitter, courtesy of a Bloomberg LiveBlog:


___________________________________________________________________


 



Today's DOMA ruling is a historic step forward for #MarriageEquality. #LoveIsLove

 

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11 months ago  ::  Jun 26, 2013 - 12:49PM #10
DotNotInOz
Posts: 6,832
I hope it's only a few years before a case arguing that preserving states' rights on this issue is separate-but-equal in another form.

Nevertheless, I'm amazed this country has gotten this far. I honestly didn't think I'd see any significant social changes such as a dozen U.S. states legalizing SSM in my lifetime.

I'm celebrating this small measure of progress with sincerest hopes it's a sign that sanity is beginning to prevail.
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