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Old 06-26-2013, 09:18 AM   #25
alnorth alnorth is online now
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Join Date: Dec 2002
Location: Iowania
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Only section 3 of DOMA is struck down, the rest was still left standing. This means states can continue to refuse to recognize a gay marriage from another state (Section 2), but the feds must recognize all marriages.

So, if you are gay in the south or midwest, you should probably take a quick vacation to a gay marriage state to save money on next year's tax bill.

Kennedy's opinion is weird, we'll have to read through it. He seems to be saying that gays should be a protected class, but he doesn't come right out and say so explicitely. (If this is the case, then Kennedy is likely a 5th vote for nationwide gay marriage someday) Scalia actually calles him out on that, saying he's obviously not applying a rational basis test, so why doesn't he just come right out and say what level of scrutiny gays should enjoy?
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