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View Diary: BREAKING: DOMA is going to the Supreme Court (95 comments)

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  •  it doesn't follow, its automatic. (5+ / 0-)

    if its unconstitutional for the feds to discriminate based on orientation, then its automatically unconstitutional for the states.

    •  So in other words (1+ / 0-)
      Recommended by:
      Scott Wooledge

      full faith and credit would be automatic? Guess that wasn't the case back in the 1960s.

      Mitt Romney: the Etch-A-Sketch candidate in the era of YouTube

      by Cali Scribe on Fri Jun 29, 2012 at 06:00:13 PM PDT

      [ Parent ]

    •  I doubt the Attorneys General of Red States (0+ / 0-)

      Will see it as quite so automatic. Possession being 9/10th of the law, they possess the keys to the state martial kingdom.

      Guessing that unless the Supreme Court is very explicit that is what they mean (something I doubt they wil be) further litigation will be required to open the door to marriage equality in Louisiana and Texas.

      "When I think of all the harm the Bible has done, I despair of ever writing anything to equal it." ~ Oscar Wilde

      by Scott Wooledge on Fri Jun 29, 2012 at 06:36:34 PM PDT

      [ Parent ]

    •  there is a legal distinction (0+ / 0-)

      Between states defining marriage, a time-honored precendent.

      And this law that for the first time, presumed to create a Federal definition of marriage.

      DOMA can fall, legally, without endowing anyone the right to marry.

      The SCOTUS could just endow gays the right to have your marriage recognized.

      Yes, it's a razor-thin distinction, but that is why lawyers make the big bucks, to create those all important distinctions.

      That states have the right to define marriage over the Feds, is a key element to this case. Which also undermines forcing marriage equality on unwilling states. For now.

      "When I think of all the harm the Bible has done, I despair of ever writing anything to equal it." ~ Oscar Wilde

      by Scott Wooledge on Fri Jun 29, 2012 at 06:45:38 PM PDT

      [ Parent ]

    •  Not quite, IMHO (4+ / 0-)
      Recommended by:
      Scott Wooledge, pico, VClib, AUBoy2007

      SCOTUS could argue that the federal government has no basis for discriminating against same sex couples when their home states have recognized their marriages, without having to reach the question of whether all states must so recognize.

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