DOMA struck down; Prop 8 dismissed on standing | TigerDroppings.com

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FalseProphet
LSU Fan
Funroe
Member since Dec 2011
6226 posts

DOMA struck down; Prop 8 dismissed on standing


DOMA

DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.

Opinion by Anthony Kennedy; 5-4

Roberts, Alito, Thomas, and Scalia Dissenting;

quote:

Here's a Plain English take on United States v. Windsor, the DOMA case: The federal Defense of Marriage Act defines "marriage," for purposes of over a thousand federal laws and programs, as a union between a man and a woman only. Today the Court ruled, by a vote of five to four, in an opinion by Justice Kennedy, that the law is unconstitutional. The Court explained that the states have long had the responsibility of regulating and defining marriage, and some states have opted to allow same-sex couples to marry to give them the protection and dignity associated with marriage. By denying recognition to same-sex couples who are legally married, federal law discriminates against them to express disapproval of state-sanctioned same-sex marriage. This decision means that same-sex couples who are legally married must now be treated the same under federal law as married opposite-sex couples.


Opinion

Prop 8

quote:

Page 4 of the Roberts dissent in DOMA, talking about Prop 8: "We hold today that we lack jurisdiction to consider it in the particular context of Hollingsworth v. Perry."


By the Chief, 5-4; Kennedy Dissents, joined by Thomas, Alito, and Sotomayor. Majority is Roberts with Scalia, Ginsburg and Sotomayor

The petitioners did not have standing to appeal the district court order.

From the opinion: We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.

In plain English, this means that the 9th Circuit opinion is vacated and Judge Walker's ruling that Prop 8 was unconstitutional stands....for now.

Opinion




This post was edited on 6/26 at 9:56 am



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BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
32845 posts

re: DOMA struck down; Prop 8 dismissed on standing








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Beer Bryant
Alabama Fan
In a Hidden Bunker
Member since Jan 2012
8792 posts

re: DOMA struck down; Prop 8 dismissed on standing


Bigoted Conservative Court.





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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
295886 posts

re: DOMA struck down; Prop 8 dismissed on standing


quote:

protected by the Fifth Amendment.

hmmmm

quote:

Ruled on Equal Protection Grounds

game over






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Choctaw
Navy Fan
Pumpin' Sunshine
Member since Jul 2007
50526 posts

re: DOMA struck down; Prop 8 dismissed on standing








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gatorrocks
Florida Fan
Lake Mary, FL
Member since Oct 2007
8796 posts

re: DOMA struck down; Prop 8 dismissed on standing


Good! So sick of the government meddling in the marriage business!





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geauxtigers87
USA Fan
NOLA
Member since Mar 2011
7048 posts

re: DOMA struck down; Prop 8 dismissed on standing


Strangest court ever.





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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
295886 posts

re: DOMA struck down; Prop 8 dismissed on standing


quote:

Bigoted Conservative Court.

"Bush's" Court

if they applied the 5th, then perhaps this will only apply to the federal law and the states' argument won't fly






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BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
32845 posts

re: DOMA struck down; Prop 8 dismissed on standing


quote:

game over



Can you explain?

I "get" it. But, I like the legal view






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Y.A. Tittle
Winthrop Fan
Member since Sep 2003
49184 posts
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re: DOMA struck down; Prop 8 dismissed on standing


quote:

Ruled on Equal Protection Grounds








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ohiovol
Tennessee Fan
Member since Jan 2010
14579 posts

re: DOMA struck down; Prop 8 dismissed on standing


Good





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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
295886 posts

re: DOMA struck down; Prop 8 dismissed on standing


it depends on how they use the EP, but the EP is the scary one that could create a protected-type class for homoseuals





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NaturalBeam
LSU Fan
Member since Sep 2007
13105 posts

re: DOMA struck down; Prop 8 dismissed on standing


quote:

"DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty."
Wow, pretty broad - I like it






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southernelite
McNeese State Fan
New Orleans
Member since Sep 2009
40990 posts
 Online 

re: DOMA struck down; Prop 8 dismissed on standing


quote:



quote:
Ruled on Equal Protection Grounds

game over



yep. pretty much.

they're gonna kick prop 8 back, though.






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Wally Sparks
Georgia Tech Fan
Atlanta
Member since Feb 2013
7679 posts
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re: DOMA struck down; Prop 8 dismissed on standing


In





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I B Freeman
Member since Oct 2009
5488 posts

re: DOMA struck down; Prop 8 dismissed on standing


bet they up hold prop 8





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BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
32845 posts

re: DOMA struck down; Prop 8 dismissed on standing


quote:

In


That's what HE said!








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dewster
Maryland Fan
Tennessee
Member since Aug 2006
9056 posts

re: DOMA struck down; Prop 8 dismissed on standing


I'm glad it was struck down.....but I'll be furious if they violate the rights of a state by striking down Prop 8.

Like I said earlier - this is not an attack on one way of life or another, but an interpretation of a law. In this case I agree with it.

Now I wonder if the EP door is wide open for more favoritism...maybe some legal scholar can educate all of us.



This post was edited on 6/26 at 9:20 am


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southernelite
McNeese State Fan
New Orleans
Member since Sep 2009
40990 posts
 Online 

re: DOMA struck down; Prop 8 dismissed on standing


quote:

bet they up hold prop 8



they are gonna send prop 8 back to lower court.






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gatorrocks
Florida Fan
Lake Mary, FL
Member since Oct 2007
8796 posts

re: DOMA struck down; Prop 8 dismissed on standing


I'm happy for the result, but not sure what this has to do with the 5th amendment.





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