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Supreme Court and the Defense of Marriage Act

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  • Liberal Democrat
    Democrat
    Colorado Springs, CO
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    The consensus is that the Supreme Court will issue their ruling this week on the Defense of Marriage Act along with a ruling on the constitutionality of California's Proposition 8. Policymic has listed five possible ways the Supreme Court could rule, from upholding DOMA as being not in violation of the 5th Amendment to ruling that it does indeed violate the 5th Amendment:

    "The Supreme Court can just as easily argue that marriage is a right extended to all citizens under the due process clause. And so, forbidding same-sex marriage and withholding the benefits attached to it would qualify as depriving people of life, liberty, and/or property without due process..." They could also rule for states rights or punt by saying that the petitioners (the GOP) do not have the standing to argue the constitutionality of DOMA.

    Policymic: 5 Ways the Supreme Court Could Rule On the Defense Of Marriage Act

    ABC News has looked at the implication on the pending immigration reform legislation being debated by Congress. One of the sticking points is a Republican amendment that would deny immigration status to same sex couples. But if DOMA is rejected by the court on the basis that it violates the 5th Amendment, then it renders as moot any amendments along those lines by Republicans on immigration reform.

    ABC News, June 17, 2013: Supreme Court DOMA Ruling Looms Over Immigration Overhaul

    So how will SCOTUS rule? We will probably know by Thursday.

    I think that they will follow the general trend of public opinion and rule DOMA unconstitutional. At the same time, California's Proposition 8 will also be struck down for the same reasons.

    Whatever way they rule there will be outrage from either the left or the right.

    My opinion.
  • Liberal Democrat
    Democrat
    Colorado Springs, CO
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    We thought that SCOTUS would rule on this last Thursday, but they have put it off until this week...maybe Tuesday. More likely it will be the last thing they rule on before closing their session this week...Thursday? I'll be watching at 8:00 MDT each day this week...hopeful for a positive outcome for the LGBT community.
  • Democrat
    Massachusetts
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    My assumption is that these two decisions will be read only when the justices' cars are waiting outside, motors running, packed for summer vacation, so they can get out of the city before there is any reaction. I get the impression that some justices just simply don't want to hear what Americans have to say about how they're impeding our nation's progress.
  • Democrat
    Massachusetts
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    DOMA has been rendered unconstitutional. It is unconstitutional for the federal government to deny states the rights to determine the rules of marriage.

    The private appeal of the district court's striking down of Prop 8 has been determined to be invalid and vacated, leaving the district court's original action as the prevailing action. Same-sex marriage is again legal in California.
  • Liberal Democrat
    Democrat
    Colorado Springs, CO
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    Once this is all sorted out at the state and federal level and enacted into other provisions of the law, it is still unclear to me how, for example, if a legally married gay couple in California move to Texas how they will be treated under Texas law. Remember Governor Perry is running ads in California touting his state for employment opportunities. Will he welcome California's gay couples to Texas as well?
  • Democrat
    Massachusetts
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    Today's rulings don't directly aid a same-sex couple to gain recognition or accommodation from the State of Texas. The Prop 8 decision lets stand a court decision that Proposition 8 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. However, the decision that stands is that of the United States District Court for the Northern District of California, and so it only is considered precedent there. To gain a broader applicability of the decision, it would be necessary for the State of California, itself, to contest the district court decision (which it has chosen not to do, and if it did, it would necessarily have to fight to protect Prop 8 - it cannot contest the decision specifically to get it ratified more broadly).
  • Liberal Democrat
    Democrat
    Colorado Springs, CO
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    bUU --

    Thanks for sharing your insight on these two SCOTUS rulings. You seem to be more knowledgeable of the law and informed on these particular issues than many of the TV pundits.
  • Democrat
    Massachusetts
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    The pundits are trying to create drama. :)