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View Diary: BREAKING: 2nd Circuit strikes down DOMA (54 comments)

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  •  It doesn't affect anyone. (10+ / 0-)

    (Because it's already been, or soon will be stayed, pending a Supreme Court decision).

    But if it had not been stayed, it would technically only affect those states in the Circuit.

    •  There will be a request (4+ / 0-)
      Recommended by:
      Losty, Senor Unoball, ancblu, skrekk

      for stay immediately -- and you are right, it most likely will be stayed pending SCOTUS's acceptance to hear the case.

      3 other LGBT cases are being considered for hearing -- this one is truly important because of the heightened scrutiny (14th-15th Amendment ramifications).  

      " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

      by gchaucer2 on Thu Oct 18, 2012 at 09:17:53 AM PDT

      [ Parent ]

      •  Yeah (3+ / 0-)
        Recommended by:
        Senor Unoball, ancblu, skrekk

        The heightened scrutiny is huge! I am very choked up with happiness. Previous federal courts have not generally found sexual orientation to be a category worthy of similar protection to race, gender, or having been born "out-of-wedlock." They have protected gays as a group no more so than they protect the status of felons or kkk members.

        This is new and huge that the 2nd appeals court is actually treating GLBT folk like a real group that has been discriminated against unfairly.

        -- Ryvr
        END THIS WAR NOW

        by Ryvr on Thu Oct 18, 2012 at 10:01:35 AM PDT

        [ Parent ]

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