Skip to main content

View Diary: Part 1: What's next for DOMA and marriage equality on trial? (26 comments)

Comment Preferences

  •  I think that may be cause for expanding (2+ / 0-)
    Recommended by:
    Scottie Thomaston, cooper888

    argument time (or even dealing with standing at a separate time), but I just can't see three separate arguments all based on the constitutionality of Section 3.

    One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

    by AUBoy2007 on Mon Aug 06, 2012 at 11:56:21 AM PDT

    [ Parent ]

    •  I should add that I initially believed that (2+ / 0-)
      Recommended by:
      Scottie Thomaston, cooper888

      they would just hear Gill and not the others (mooting the separate argument discussion), but if Kagan indicates to the others that she's going to recuse herself, I am not sure anymore.  I don't know that Kennedy (if he really is on our side) will want to waste time on something that would do nothing more that preserve the status quo (status quo being no DOMA in the 1st Circuit).

      One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

      by AUBoy2007 on Mon Aug 06, 2012 at 11:58:36 AM PDT

      [ Parent ]

      •  Yeah the recusal issue (1+ / 0-)
        Recommended by:
        cooper888

        really does turn things around. I missed that discussion somehow back during Kagan's confirmation hearings, but Professor Nan Hunter quoted it from the source.

        I do think you're right it'd be totally pointless to review the one case only to reach a 4-4 decision that's pretty much meaningless. And it's hard to see them being willing to make a decision that essentially makes a federal law inoperable only in one circuit. There aren't a lot of circuits where DOMA matters at this point, but still, that does not seem to be a viable option.

        I am proud to be a Contributor at Courage Campaign Institute's Prop8TrialTracker.com
        @indiemcemopants on Twitter

        by Scottie Thomaston on Mon Aug 06, 2012 at 12:03:31 PM PDT

        [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site