DOMA is unconstitutional.

Political discussions
∞∞∞
Level5
Level5
Posts: 12373
Joined: Thu Aug 13, 2009 7:30 am

DOMA is unconstitutional.

Post by ∞∞∞ »

According to CNN, the decision just came in. The government has to recognize federal benefits for spouses in states where same-sex marriages are legal. :clap:

Prop 8 is next...
Last edited by ∞∞∞ on Wed Jun 26, 2013 7:14 am, edited 2 times in total.
User avatar
93henfan
Supporter
Supporter
Posts: 56358
Joined: Wed Jan 07, 2009 9:03 pm
Location: Slower Delaware

Re: DOMA is unconstitutional.

Post by 93henfan »

∞∞∞ wrote:According to CNN, the decision just came in. :clap:

I couldn't help but chuckle at the photo caption: "Plaintiffs Jeff Zarrillo and Paul Katami attended oral arguments at the Supreme Court in March."
Delaware Football: 1889-2012; 2022-
Ibanez
Supporter
Supporter
Posts: 60519
Joined: Fri Jul 13, 2007 5:16 pm
I am a fan of: Coastal Carolina

Re: DOMA is unconstitutional.

Post by Ibanez »

93henfan wrote:
∞∞∞ wrote:According to CNN, the decision just came in. :clap:

I couldn't help but chuckle at the photo caption: "Plaintiffs Jeff Zarrillo and Paul Katami attended oral arguments at the Supreme Court in March."
:rofl: :rofl:


But this is great news. A little more equality in America.
2. DOMA is unconstitutional as a deprivation of the equal liberty of
persons that is protected by the Fifth Amendment
http://www.supremecourt.gov/opinions/12 ... 7_g2bh.pdf" onclick="window.open(this.href);return false;
Last edited by Ibanez on Wed Jun 26, 2013 7:29 am, edited 1 time in total.
Turns out I might be a little gay. 89Hen 11/7/17
User avatar
dbackjon
Moderator Team
Moderator Team
Posts: 45627
Joined: Sat Jul 14, 2007 9:20 am
I am a fan of: Northern Arizona
A.K.A.: He/Him
Location: Scottsdale

Re: DOMA is unconstitutional.

Post by dbackjon »

Crying with joy here
:thumb:
User avatar
LeadBolt
Level3
Level3
Posts: 3586
Joined: Sun Jul 18, 2010 12:44 pm
I am a fan of: William & Mary
Location: Botetourt

Re: DOMA is unconstitutional.

Post by LeadBolt »

A rare victory for the 10th Amendment...
User avatar
D1B
Chris's Bitch
Chris's Bitch
Posts: 18397
Joined: Mon Jun 09, 2008 5:34 am
I am a fan of: Morehead State

Re: DOMA is unconstitutional.

Post by D1B »

Conk dickheads dealt another blow. They still fail to grasp that they're assholes, they're wrong, and everybody hates them.
User avatar
ASUMountaineer
Level4
Level4
Posts: 5047
Joined: Mon Nov 03, 2008 2:38 pm
I am a fan of: Appalachian State
Location: The Old North State

Re: DOMA is unconstitutional.

Post by ASUMountaineer »

LeadBolt wrote:A rare victory for the 10th Amendment...
Agreed. DOMA was clearly unconstitutional. Still, much work to do for true equality and personal freedom. Hopefully, those overjoyed by this decision will join the call for more liberty!
Appalachian State Mountaineers:

National Champions: 2005, 2006, and 2007
Southern Conference Champions: 1986, 1987, 1991, 1995, 1999, 2005, 2006, 2007, 2008, 2009, 2010, and 2012


NO DOUBT ABOUT IT! WE'RE GONNA SHOUT IT! NOTHING'S HOTTER THAN A-S-U!
Ibanez
Supporter
Supporter
Posts: 60519
Joined: Fri Jul 13, 2007 5:16 pm
I am a fan of: Coastal Carolina

Re: DOMA is unconstitutional.

Post by Ibanez »

LeadBolt wrote:A rare victory for the 10th Amendment...
And the 14th. :nod:
Turns out I might be a little gay. 89Hen 11/7/17
User avatar
BDKJMU
Level5
Level5
Posts: 36392
Joined: Wed Jul 01, 2009 6:59 am
I am a fan of: JMU
A.K.A.: BDKJMU
Location: Philly Burbs

Re: DOMA is unconstitutional.

Post by BDKJMU »

What did they say about the 38 or whatever it is states that don't recognize gay marriage?
JMU Football:
4 Years FBS: 40-11 (.784). Highest winning percentage & least losses of all of G5 2022-2025.
Sun Belt East Champions: 2022, 2023, 2025
Sun Belt Champions: 2025
Top 25 ranked: 2022, 2023, 2025
CFP: 2025
∞∞∞
Level5
Level5
Posts: 12373
Joined: Thu Aug 13, 2009 7:30 am

Re: DOMA is unconstitutional.

Post by ∞∞∞ »

BDKJMU wrote:What did they say about the 38 or whatever it is states that don't recognize gay marriage?
By dismissing the Prop. 8 appeal, what I got out of it is that it's a state issue. But now there's a precedent that the SCOTUS agreed with the 9th Circuit's decision, which courts in different states can work off.
User avatar
DSUrocks07
Supporter
Supporter
Posts: 5339
Joined: Tue Aug 19, 2008 7:32 pm
I am a fan of: Delaware State
A.K.A.: phillywild305
Location: The 9th Circle of Hellaware

Re: DOMA is unconstitutional.

Post by DSUrocks07 »

BDKJMU wrote:What did they say about the 38 or whatever it is states that don't recognize gay marriage?
Gay marriage (and marriage in general) is a right left to the states, not the federal government. And falls under the 10th Amendment.

But I'm confused. Are we just making arguments about "protecting the views/rights of the minority" when it's convenient to our "sides" now?
MEAC, last one out turn off the lights.

@phillywild305 FB
blueballs
Level3
Level3
Posts: 2590
Joined: Sat Jul 14, 2007 7:00 am
I am a fan of: Cap'n's porn collection
A.K.A.: blueballs
Location: Central FL, where bums have to stay in their designated area on the sidewalk

Re: DOMA is unconstitutional.

Post by blueballs »

The real winners in this are the family law attorneys in Californication, who should experience a 25% or more jump in business. They should be happy campers right about now.
Blueballs: The ultimate 'bad case of the wants.'
User avatar
dbackjon
Moderator Team
Moderator Team
Posts: 45627
Joined: Sat Jul 14, 2007 9:20 am
I am a fan of: Northern Arizona
A.K.A.: He/Him
Location: Scottsdale

Re: DOMA is unconstitutional.

Post by dbackjon »

While same-sex marriage is not yet legal, the language in the opinion on the DOMA case seems very clear that the justices would rule favorably for a couple in say, Alabama.
:thumb:
tribe_pride
Level2
Level2
Posts: 1626
Joined: Tue Jan 05, 2010 8:53 am
I am a fan of: W&M

Re: DOMA is unconstitutional.

Post by tribe_pride »

∞∞∞ wrote:
BDKJMU wrote:What did they say about the 38 or whatever it is states that don't recognize gay marriage?
By dismissing the Prop. 8 appeal, what I got out of it is that it's a state issue. But now there's a precedent that the SCOTUS agreed with the 9th Circuit's decision, which courts in different states can work off.
They dismissed the Prop 8 appeal because the people who appealed did not have standing to appeal the previous decision - so no decisions were made on the merit of that case.

Basically, the Supreme Court ruled in that case that individuals are not allowed to defend the constitutionality of a statute in court. Only the government may do so. So that means the case was deferred down to the decision of a lower court that ruled that the statute was unconstitutional. Since the government decided not to appeal, that was the final ruling in this case.

Second to last paragraph of the Opinion states "We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here."
∞∞∞
Level5
Level5
Posts: 12373
Joined: Thu Aug 13, 2009 7:30 am

Re: DOMA is unconstitutional.

Post by ∞∞∞ »

tribe_pride wrote:
∞∞∞ wrote: By dismissing the Prop. 8 appeal, what I got out of it is that it's a state issue. But now there's a precedent that the SCOTUS agreed with the 9th Circuit's decision, which courts in different states can work off.
They dismissed the Prop 8 appeal because the people who appealed did not have standing to appeal the previous decision - so no decisions were made on the merit of that case.

Basically, the Supreme Court ruled in that case that individuals are not allowed to defend the constitutionality of a statute in court. Only the government may do so. So that means the case was deferred down to the decision of the lower state court that ruled that the statute was unconstitutional. Since the government decided not to appeal, that was the final ruling in this case.

Second to last paragraph of the Opinion states "We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here."
My mistake; thanks for that information.
User avatar
Cap'n Cat
Supporter
Supporter
Posts: 13614
Joined: Sat Jul 14, 2007 9:38 am
I am a fan of: Mostly myself.
A.K.A.: LabiaInTheSunlight

Re: DOMA is unconstitutional.

Post by Cap'n Cat »

dbackjon wrote:Crying with joy here
Been a long road, Jon. Happy for you and friends!

:thumb:

SCOTUS (majority): :notworthy: :notworthy: :notworthy:
User avatar
DSUrocks07
Supporter
Supporter
Posts: 5339
Joined: Tue Aug 19, 2008 7:32 pm
I am a fan of: Delaware State
A.K.A.: phillywild305
Location: The 9th Circle of Hellaware

Re: DOMA is unconstitutional.

Post by DSUrocks07 »

dbackjon wrote:Crying with joy here
Jon after the ruling:

[youtube]http://www.youtube.com/watch?&v=nnBXMe_uqTY[/youtube]
MEAC, last one out turn off the lights.

@phillywild305 FB
danefan
Supporter
Supporter
Posts: 7989
Joined: Mon Jul 16, 2007 6:51 pm
I am a fan of: UAlbany
Location: Hudson Valley, New York

Re: DOMA is unconstitutional.

Post by danefan »

Both correct decisions, IMO and exactly what I suspected.

I'm a little surprised that Roberts did not join the Majority in the DOMA case, but otherwise it all came down as expected.

Can't wait for the conservative State's rights, ruling to be misinterpreted by a whole boat load of so called "conservatives".
User avatar
dbackjon
Moderator Team
Moderator Team
Posts: 45627
Joined: Sat Jul 14, 2007 9:20 am
I am a fan of: Northern Arizona
A.K.A.: He/Him
Location: Scottsdale

Re: DOMA is unconstitutional.

Post by dbackjon »

danefan wrote:Both correct decisions, IMO and exactly what I suspected.

I'm a little surprised that Roberts did not join the Majority in the DOMA case, but otherwise it all came down as expected.

Can't wait for the conservative State's rights, ruling to be misinterpreted by a whole boat load of so called "conservatives".
Kennedy's opinion seems to indicate that they would look favorably at a challenge to a state's ban, if I am reading it right - concur?
:thumb:
User avatar
93henfan
Supporter
Supporter
Posts: 56358
Joined: Wed Jan 07, 2009 9:03 pm
Location: Slower Delaware

Re: DOMA is unconstitutional.

Post by 93henfan »

dbackjon wrote:Crying with joy here
If this means I can arrange a "marriage" with another divorced dad and we can both get out of the hellhole of being a single father paying child support (which is not tax deductible, but it also not reported by dear old ex-wife), then I am crying with joy here too! Married status again! Woo hoo!

Maybe this needs to go in the cheapskate thread?
Delaware Football: 1889-2012; 2022-
CAA Flagship
4th&29
4th&29
Posts: 38529
Joined: Mon Aug 24, 2009 5:01 pm
I am a fan of: Old Dominion
A.K.A.: He/His/Him/Himself
Location: Pizza Hell

Re: DOMA is unconstitutional.

Post by CAA Flagship »

LeadBolt wrote:A rare victory for the 10th Amendment...
Thou shalt not covet thy neighbor's house?
User avatar
93henfan
Supporter
Supporter
Posts: 56358
Joined: Wed Jan 07, 2009 9:03 pm
Location: Slower Delaware

Re: DOMA is unconstitutional.

Post by 93henfan »

CAA Flagship wrote:
LeadBolt wrote:A rare victory for the 10th Amendment...
Thou shalt not covet thy neighbor's house?
His ass. You're not supposed to covet his ass.
Delaware Football: 1889-2012; 2022-
CAA Flagship
4th&29
4th&29
Posts: 38529
Joined: Mon Aug 24, 2009 5:01 pm
I am a fan of: Old Dominion
A.K.A.: He/His/Him/Himself
Location: Pizza Hell

Re: DOMA is unconstitutional.

Post by CAA Flagship »

93henfan wrote:
CAA Flagship wrote: Thou shalt not covet thy neighbor's house?
His ass. You're not supposed to covet his ass.
If the 10th Amendment says that you are not supposed to covet your neighbor's ass, then how is gay marriage a victory for the 10th Amendment? Wouldn't that be a direct violation? :?
User avatar
93henfan
Supporter
Supporter
Posts: 56358
Joined: Wed Jan 07, 2009 9:03 pm
Location: Slower Delaware

Re: DOMA is unconstitutional.

Post by 93henfan »

CAA Flagship wrote:
93henfan wrote:
His ass. You're not supposed to covet his ass.
If the 10th Amendment says that you are not supposed to covet your neighbor's ass, then how is gay marriage a victory for the 10th Amendment? Wouldn't that be a direct violation? :?

Maybe Moses was just messing with those crazy Jews, but it says right here:

Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour's.
Delaware Football: 1889-2012; 2022-
CAA Flagship
4th&29
4th&29
Posts: 38529
Joined: Mon Aug 24, 2009 5:01 pm
I am a fan of: Old Dominion
A.K.A.: He/His/Him/Himself
Location: Pizza Hell

Re: DOMA is unconstitutional.

Post by CAA Flagship »

93henfan wrote:
CAA Flagship wrote: If the 10th Amendment says that you are not supposed to covet your neighbor's ass, then how is gay marriage a victory for the 10th Amendment? Wouldn't that be a direct violation? :?

Maybe Moses was just messing with those crazy Jews, but it says right here:

Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour's.
Well there you have it.
So how can clearing the way for gay marriage be a victory for the 10th Amendment? I'm no expert in the LGBT Code of Conduct, but I would think ass coveting is a popular subject. Seems like a huge contradiction here.
Post Reply