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Old Jun 25th, 2013, 08:27 PM   #1
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The Supreme Court rules DOMA unconstititutional, Prop 8 no standing



http://www.autostraddle.com/breaking...prop-8-181701/

Today, the Supreme Court ruled to strike down DOMA and declared it unconstitutional as per the Fifth Amendment. It has been ruled that the petitioners in Prop 8 did not have standing, and so the case is dismissed. From the decision on DOMA:

The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and 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.

It's the culmination of months of waiting, and before that, years of struggle and activism. The Supreme Court heard arguments on two different issues: the Defense of Marriage amendment that defined marriage as being between one man and one woman on the federal level, and California's Proposition 8, which sought to specifically outlaw same-sex marriage.

Given that there were two pieces of legislation under consideration, with differing purviews (a ruling on Prop 8 could be confined to California; DOMA is an amendment with national implications), there were complicated combinations of possible rulings and possible outcomes.

The ruling on DOMA does not legislate same-sex marriage, but it does mean that in states where same-sex marriage is already legal, the federal government will recognize those marriages in the same way that they recognize different-sex marriages. This decision has no bearing on whether same-sex marriage will be legal in individual states. The opinion was written by Justice Kennedy, with the supporting four votes coming from Ginsburg, Breyer, Sotomayor, and Kagan. Justice Scalia has dissented, along with justices Alito, Roberts and Thomas.

Last edited by Williamsser : Jun 26th, 2013 at 02:39 PM.
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Old Jun 25th, 2013, 09:14 PM   #2
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

in light of today's judgement in striking down section 4 of the voting rights act, i suspect tomorrow will be a huge ruling in favour of gay marriage..
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Old Jun 25th, 2013, 11:39 PM   #3
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

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in light of today's judgement in striking down section 4 of the voting rights act, i suspect tomorrow will be a huge ruling in favour of gay marriage..
Kennedy will likely give the pro-gay marriage group a victory. He's ruled pretty strongly in favour of gay rights in the past. The others will rule as expected.

How big will that victory be...is pretty unclear. I can't see them unilaterally declaring gay marriage unconstitutional and legalising it all over the country. I see them overturning Prop 8 myself but nothing more.
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Old Jun 25th, 2013, 11:54 PM   #4
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

Ugh I'm nervous for some reason. The Voting Rights Act ruling disappointed me but hopefully this issue will be less divisive.
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Old Jun 25th, 2013, 11:55 PM   #5
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

Regardless. This really beats the purpose, doesn't it?
Instead of purely legal role, the SCOTUS became just another yet very powerful political instrument. Like yesterday's ruling, like today's ruling, like tomorrow's. Can anyone suggest that those court opinions are made out of pure idea of strictly interpreting the letter of law, rather than by all kinds of circumstantial political elements and trying to accommodate to those elements? And that is kind of sad.
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Old Jun 26th, 2013, 01:17 AM   #6
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

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Regardless. This really beats the purpose, doesn't it?
Instead of purely legal role, the SCOTUS became just another yet very powerful political instrument. Like yesterday's ruling, like today's ruling, like tomorrow's. Can anyone suggest that those court opinions are made out of pure idea of strictly interpreting the letter of law, rather than by all kinds of circumstantial political elements and trying to accommodate to those elements? And that is kind of sad.
I believe it was Louis Brandeis who said, "Supreme Court justices read newspapers too".
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Old Jun 26th, 2013, 01:49 AM   #7
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

Quote:
Originally Posted by Edward. View Post
Kennedy will likely give the pro-gay marriage group a victory. He's ruled pretty strongly in favour of gay rights in the past. The others will rule as expected.

How big will that victory be...is pretty unclear. I can't see them unilaterally declaring gay marriage unconstitutional and legalising it all over the country. I see them overturning Prop 8 myself but nothing more.
according to alito's wikipedia page: At Princeton, Alito led a student conference in 1971 called "The Boundaries of Privacy in American Society" which, among other things, supported curbs on domestic intelligence gathering, called for the decriminalization of sodomy, and urged for an end to discrimination against gays in hiring by employers.

maybe even 6-3.
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Old Jun 26th, 2013, 02:00 AM   #8
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

I see DOMA Section 3 being struck down by at least 6-3 with Roberts writing the majority opinion.
The Prop 8 case is a little weirder. It will be written by Kennedy but whether he upholds it or strikes it down is not confirmed. From what I understand he doesn't want to rule for Prop 8 but thinks its constitutional. So it will either be a remand to the lower courts or a situation where they will rule that the prop 8 ballot proponents have no standing.
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Old Jun 26th, 2013, 02:29 AM   #9
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

Quote:
Originally Posted by wild.river View Post
according to alito's wikipedia page: At Princeton, Alito led a student conference in 1971 called "The Boundaries of Privacy in American Society" which, among other things, supported curbs on domestic intelligence gathering, called for the decriminalization of sodomy, and urged for an end to discrimination against gays in hiring by employers.

maybe even 6-3.
DOMA in its essence is an infringement by the federal government on the states. Marriage is a state right, pure and simple. DOMA will be struck down, as will Prop 8. But DO NOT expect the Supreme Court to declare same sex marriage a federal legal concept. They will simply leave it back to the states like the Constitution says. (I hope.)
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Old Jun 26th, 2013, 02:46 AM   #10
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

I'm so nervous! I really hope DOMA gets struck down.
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Old Jun 26th, 2013, 03:07 AM   #11
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

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DOMA in its essence is an infringement by the federal government on the states. Marriage is a state right, pure and simple. DOMA will be struck down, as will Prop 8. But DO NOT expect the Supreme Court to declare same sex marriage a federal legal concept. They will simply leave it back to the states like the Constitution says. (I hope.)
i think DOMA will be struck down but not Prop 8. guess we'll see in a few hours.
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Old Jun 26th, 2013, 03:12 AM   #12
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

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i think DOMA will be struck down but not Prop 8. guess we'll see in a few hours.
I can see Prop 8 being upheld. Since it is the state deciding its own fate type of thing but never before have the American public been able to vote on TAKING AWAY rights of people. That is the grey area and will probably determine the outcome of Prop 8's fate.
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Old Jun 26th, 2013, 05:50 AM   #13
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

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Originally Posted by In The Zone View Post
I can see Prop 8 being upheld. Since it is the state deciding its own fate type of thing but never before have the American public been able to vote on TAKING AWAY rights of people. That is the grey area and will probably determine the outcome of Prop 8's fate.
Before the 19th amendment women's right to vote was frequently put on the ballot and taken away based on the outcome. There is nothing in the Constitution that says marriage is fundamental. If it was polygamy for Mormons would be legal. What it boils down to is whether banning gay marriage violates rational basis.
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Old Jun 26th, 2013, 02:02 PM   #14
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

http://www.scotusblog.com/

Amy Howe:
5-4 per Kennedy.
10:02

Amy Howe:
Roberts dissents. Scalia dissents. Equal protection.
10:02

Amy Howe:
Scalia is joined by Thomas, Chief joins in part.

10:03

Amy Howe:
DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.

Amy Howe:
"DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty."

10:04

Amy Howe:
The opinion and its holding are confined to those lawful marriages.
10:04

Amy Howe:
That was a quote from the end of the opinion.
10:04

Amy Howe:
It relies in part on federalism principles.
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Old Jun 26th, 2013, 02:07 PM   #15
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Re: The Supreme Court Will Rule on DOMA & Prop 8 on Wednesday

Kali:
Here is the link to the opinion: http://www.supremecourt.gov/opinions...2-307_g2bh.pdf
10:05

Amy Howe:
There is a "careful consideration" standard: In determining whether a law is motivated by improper animus or purpose, discriminations of an unusual character especially require careful consideration. DOMA cannot survive under these principles.

That is page 20.

Amy Howe:
Bottom of 25-26: The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and 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.

An aside: This is vintage Kennedy.
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