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  1. #1
    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Default GOODBYE DOMA [section 3]

    "Hey Capa -- We're only stardust." ~ "Sunshine"

    “Pleasure to me is wonder—the unexplored, the unexpected, the thing that is hidden and the changeless thing that lurks behind superficial mutability. To trace the remote in the immediate; the eternal in the ephemeral; the past in the present; the infinite in the finite; these are to me the springs of delight and beauty.” ~ H.P. Lovecraft

  2. #2
    Senior Member captain curmudgeon's Avatar
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    Oh come on. You beat me to making this thread by three minutes.







    Anyway,





    Now, about prop 8...
    Jarlaxle: fact checking this thread makes me want to go all INFP on my wrists

    "I'm in competition with myself and I'm losing."
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    ReadingRainbows: GUESS WHAT EXISTS FOR ME
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    Johari Nohari

    https://www.librarything.com/profile/wheelchairdoug

  3. #3
    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Quote Originally Posted by wheelchairdoug View Post
    Oh come on. You beat me to making this by three minutes.

    Anyway,
    I actually TOTALLY forgot about it... and then the advocacy group @ work starting sending out e-mails.

    I heard that Roberts is writing the Prop 8 one, so I'm not sure if that's true or what it means. I had heard Kennedy was doing DOMA and hoped that meant it was going to be kicked.

    I don't have time to carefully read the PDF yet, but it looks like Scalia, Alito, and Thomas dissented (no surprise there), and Roberts dissented in order to frame the decision against the larger context of gay marriage, to clarify what the decision did not say.

    At least, that is what a quick skim got me. But maybe I'm wrong.
    "Hey Capa -- We're only stardust." ~ "Sunshine"

    “Pleasure to me is wonder—the unexplored, the unexpected, the thing that is hidden and the changeless thing that lurks behind superficial mutability. To trace the remote in the immediate; the eternal in the ephemeral; the past in the present; the infinite in the finite; these are to me the springs of delight and beauty.” ~ H.P. Lovecraft

  4. #4
    Senior Member captain curmudgeon's Avatar
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    And Prop 8 is struck down as well!
    Jarlaxle: fact checking this thread makes me want to go all INFP on my wrists

    "I'm in competition with myself and I'm losing."
    -Roger Waters

    ReadingRainbows: OMG GUYS
    ReadingRainbows: GUESS WHAT EXISTS FOR ME
    hel: fairies?
    Captain Curmudgeon: existential angst?


    Johari Nohari

    https://www.librarything.com/profile/wheelchairdoug

  5. #5
    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Quote Originally Posted by wheelchairdoug View Post
    And Prop 8 is struck down as well!
    No freaking way.
    "Hey Capa -- We're only stardust." ~ "Sunshine"

    “Pleasure to me is wonder—the unexplored, the unexpected, the thing that is hidden and the changeless thing that lurks behind superficial mutability. To trace the remote in the immediate; the eternal in the ephemeral; the past in the present; the infinite in the finite; these are to me the springs of delight and beauty.” ~ H.P. Lovecraft

  6. #6
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    I'm expecting a fairly narrow ruling extending all federal benefits given to married couples to same sex couples.

    I suspect that that's all the ruling will do.

  7. #7
    Senior Member Nicodemus's Avatar
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    Put on your party hat, Lark. A new dawn is upon us.

  8. #8
    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Quote Originally Posted by DiscoBiscuit View Post
    I'm expecting a fairly narrow ruling extending all federal benefits given to married couples to same sex couples. I suspect that that's all the ruling will do.
    Basically, what it sounds to me is that, if your state allows you to legally marry in a same-sex union, then the Fed Gov has to acknowledge the marriage. Fed Gov has no standing to negate a state's decisions about marriage.

    It does not deal with prohibitions against same-sex marriage across the US.

    In a nutshell, Section 3 is unconstitional; section 2 wasn't touched.

    Quote Originally Posted by Nicodemus View Post
    Put on your party hat, Lark. A new dawn is upon us.
    Maybe we should rename it the hookup hat.
    Or the sorting hat.


    ... anyway, it sounds like SCOTUS favored state control over marriage here, over all.

    I wasn't really expecting much else different. I think just yesterday in a conversation I said, "probably remove the DOMA restrictions, and toss out the Prop 8 case due to lack of standing." That was my guess based on the way the arguments went.

    It's just that the court is pretty much on a pivot right now, due to the composition, so it could be easy for things to overbalance one way or another.
    "Hey Capa -- We're only stardust." ~ "Sunshine"

    “Pleasure to me is wonder—the unexplored, the unexpected, the thing that is hidden and the changeless thing that lurks behind superficial mutability. To trace the remote in the immediate; the eternal in the ephemeral; the past in the present; the infinite in the finite; these are to me the springs of delight and beauty.” ~ H.P. Lovecraft

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    Quote Originally Posted by Jennifer View Post
    Basically, what it sounds to me is that, if your state allows you to legally marry in a same-sex union, then the Fed Gov has to acknowledge the marriage. Fed Gov has no standing to negate a state's decisions about marriage.

    It does not deal with prohibitions against same-sex marriage across the US.



    Maybe we should rename it the hookup hat.
    Or the sorting hat.


    ... anyway, it sounds like SCOTUS favored state control over marriage here, over all.

    I wasn't really expecting much else different. I think just yesterday in a conversation I said, "probably remove the DOMA restrictions, and toss out the Prop 8 case due to lack of standing." That was my guess based on the way the arguments went.

    It's just that the court is pretty much on a pivot right now, due to the composition, so it could be easy for things to overbalance one way or another.
    Federalism rocks.

  10. #10
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    Congrats, gays!

    Better luck next time, racial minorities.

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