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View Diary: NE-Sen: Bob Kerrey decides to run for Senate after all (243 comments)

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  •  There's quite a large distance between opposing (2+ / 0-)
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    MichaelNY, jncca

    DOMA and embracing marriage equality.

    •  That's a very good point (0+ / 0-)

      One can make an excellent case that DOMA violates the following provisions of the 14th Amendment:

      No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States[...]nor deny to any person within its jurisdiction the equal protection of the laws.
      The point here would be, if you marry a person of the same sex in one state, another state should have no constitutional right to make or enforce a law which would abridge that privilege. So it would have more to do with the fact that, in a federation, states must respect each others' laws than an argument over whether it is optimal to allow people to marry partners of the same sex.

      But somehow, I doubt that level of legal argumentation would really be what most voters would follow, though. How would Kerrey put that into a sound bite?

      Formerly Pan on Swing State Project

      by MichaelNY on Wed Feb 29, 2012 at 10:06:36 PM PST

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      •  he could say gay marriage is a state issue? (1+ / 0-)
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        19, D, new CA-18 (home) new CA-13 (college). Economic liberal, social libertarian, fiscal conservative. Put your age and CD here :) -.5.38, -3.23 Check out my blog at

        by jncca on Wed Feb 29, 2012 at 10:31:46 PM PST

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      •  Perhaps he could (0+ / 0-)

        but then he will be hammered for not supporting a constitutional amendment to ban gay marriage, like Ben Nelson did.

        More I think about it, Kerrey might just be better off polotically to support marriage equality.  I think it would hurt him, but no more than any sort of these convoluted arguments for his vote would.  Either that, or apologize for his vote on DOMA.

    •  Not gonna work (1+ / 0-)
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      The GOP will argue that opposing DOMA will mean that a Nebraska gay couple could take a weekend trip to Massachusetts, get married, and come back to Nebraska demanding that their marriage be recognized.  

      Kerrey could I suppose claim that he voted against it because he felt it was unconstitutional, then the question would be why he doesn't support a constitutional amendment.

      •  He's gonna have to face this (0+ / 0-)

        I don't think openly supporting marriage equality is likely to be a winner for Kerrey this year, though.

        Formerly Pan on Swing State Project

        by MichaelNY on Thu Mar 01, 2012 at 11:14:09 AM PST

        [ Parent ]

        •  I don't think it would either (0+ / 0-)

          but I'm not sure that his other options are particularly good politically.

          One of Kerrey's strengths with the Nebraska electorate is that he is an upstanding straight arrow type of guy.   That and his military service was a big reason why Nebraska elected someone well to the left of them.  Using really convoluted reasoning on an issue like this will make it harder to sell himself as a candidate.  

          Kerrey's best bet is probably to apologize for his vote on DOMA, but Kerrey likely made other pro-equality statements during his time in New York.  If that is the case, his best bet may just be to quietly back marriage equality.

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