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DOMA unconstitutional (5-4); Court punts on gay marriage (no standing)

Discussion in 'Sports and News' started by Dick Whitman, Jun 26, 2013.

  1. Humungus

    Humungus Member

    that seems correct.

    in the meantime, if you're living in a state that allows gay marriage, look into changing careers and becoming a gay wedding planner. business is about to boom.
     
  2. Dick Whitman

    Dick Whitman Well-Known Member

    It's a legal issue landing in the courts.
     
  3. YankeeFan

    YankeeFan Well-Known Member

    If Scalia is in the majority, why is he pissed?
     
  4. deskslave

    deskslave Active Member

    Apparently there's a diseased root in Scalia's memory too, given the decision made 24 hours ago w/r/t the Voting Rights Act.

    http://www.guardian.co.uk/global/2013/jun/26/usa
     
  5. dog eat dog world

    dog eat dog world New Member

    If I put up a SCOTUS ruling on border issues, is it going to stay alive? Voting rights acts?
     
  6. He's pissed concerning DOMA.
     
  7. LongTimeListener

    LongTimeListener Well-Known Member

    This thing is going to singlehandedly restore California's economy.
     
  8. AtticusFinch

    AtticusFinch Member

    Happy about the DOMA ruling, though not entirely surprised about how things went, especially in regards to Perry, think that was definitely in the tea leaves.
     
  9. deskslave

    deskslave Active Member

    He's in the majority on Prop 8, in the minority on DOMA.
     
  10. YankeeFan

    YankeeFan Well-Known Member

    Shut the fuck up.
     
  11. YankeeFan

    YankeeFan Well-Known Member

    Ah, got it. Thanks.
     
  12. Dick Whitman

    Dick Whitman Well-Known Member

    Essentially:

    * The state of California stopped defending the gay marriage statute.

    * In its place, a private organization defended it.

    * The Supreme Court says that a private organization can't defend a state statute when the state declines to.

    * Hence, the decision goes back to the last step that saw the state defend it, I believe, which is the U.S. district court decision.

    * Hence, Prop 8 remains unconstitutional, because the highest court to take it in that jurisdiction struck it down.

    * But if another state passed the law in another circuit, it might still be OK.

    * This is not uncommon. There are "circuit splits" all over the place in our federal court system, on big things, little things, mundane things, arcane things.
     
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