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Old 06-26-2013, 07:16 AM   Topic Starter
alnorth alnorth is offline
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SCOTUS Gay Marriage Opinions

DOMA - Federal law which allows one state to refuse to recognize a marriage from another state, and which federally bans gay marriage.

Section 3 of DOMA is unconstitutional. The rest of DOMA still remains. This means that federal law must recognize same-sex marriage, but since Section 2 remains standing, states are still free to refuse to recognize a marriage from another state. That will likely be challenged in a future court case.

5-4 decision, Kennedy and the 4 liberals. The conservatives are split with 3 dissents.


Prop 8 - California Gay Marriage ban.

The 9th circuit appeal is dismissed due to lack of standing. We now know definitively that if the state government refuses to defend a state proposition, the prop sponsers can still go to court, but they can not appeal if they lose. The decision by the 9th circuit is also gone. Judge Vaughn Walker's ruling stands, and is final. Gay Marriage is legal in CA.

5-4 decision, Roberts, Scalia, and 3 of the liberals. Kennedy, Alito, Thomas, and Sotomayor would have found standing and proceeded to the merits. The question on whether a fundamental right to gay marriage exists countrywide will have to wait for another day.

Last edited by alnorth; 06-26-2013 at 09:38 AM..
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