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Old 06-26-2013, 07:16 AM  
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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Old 06-26-2013, 08:45 AM   #16
Garcia Bronco Garcia Bronco is offline
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I think it's bullshit. The Government shouldn't be handing out tax credits for spouses to begin with.
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Old 06-26-2013, 08:50 AM   #17
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I think it's bullshit. The Government shouldn't be handing out tax credits for spouses to begin with.
That's a separate issue though. If they are going to hand them out, they should go to anyone that applies.
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Old 06-26-2013, 08:52 AM   #18
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That's a separate issue though. If they are going to hand them out, they should go to anyone that applies.
I agree with that 100 percent.
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Old 06-26-2013, 08:54 AM   #19
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The Prop 8 decision has an odd justice breakdown.

Roberts, Scalia, Ginsburg, Breyer, Kagan on one side.
Kennedy, Thomas, Alito, Sotomayor dissenting.
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Old 06-26-2013, 08:58 AM   #20
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Not really, the conservatives do occassionally side with the Liberals.
I truly believe if it were not for Ted Olson this decision would not have happened today. Maybe some day but not this soon. Having a conservative flip and support this issue was huge. I hope he gets the credit from Liberals and I hope that he is not too vilified by conservatives.
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Old 06-26-2013, 09:01 AM   #21
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Old 06-26-2013, 09:03 AM   #22
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I truly believe if it were not for Ted Olson this decision would not have happened today. Maybe some day but not this soon. Having a conservative flip and support this issue was huge. I hope he gets the credit from Liberals and I hope that he is not too vilified by conservatives.
Not sure if it was him being a conservative or just the fact that he's a damn good appellate lawyer.
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Old 06-26-2013, 09:05 AM   #23
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I also hear that Californians are now unable to propagate!
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Old 06-26-2013, 09:13 AM   #24
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Not sure if it was him being a conservative or just the fact that he's a damn good appellate lawyer.
He's a conservative who, according to David Frum, was on board with gay marriage since at least 2001. Google him. As a liberal, I think he deserves a great deal of credit.
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Old 06-26-2013, 09:18 AM   #25
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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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Old 06-26-2013, 09:22 AM   #26
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Good job supreme court
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Old 06-26-2013, 09:24 AM   #27
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not everyone feels the same way and it is your opinion that it is the right decision
Ditto
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Old 06-26-2013, 09:25 AM   #28
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I'm reading trough it now. It's almost like he's saying that homosexuals are a protected class by virtue of states passing laws which protect them...I still need to finish it though.

@memyselfI I'd forgotten some of the details of Olson's career so thanks for encouraging me to re-read it.
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Old 06-26-2013, 09:27 AM   #29
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I would like a tax credit, too. I think I will marry my dog. Who are you to say who I can marry? ****ing bigots.
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Old 06-26-2013, 09:28 AM   #30
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I would like a tax credit, too. I think I will marry my dog. Who are you to say who I can marry? ****ing bigots.
I would say if your state passes a law recognizing that as a legal marriage, the Federal government should recognize it as well. Its a state level issue and thats how it should be.
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