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View Diary: A second appeals court rejects DOMA (45 comments)

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  •  That figures. (2+ / 0-)
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    Adam B, wader

    I should think credible challenges to Section 3 would tend to arise in states that actually have equal marriage; and I believe Circuits 1, 2 and 9 account for most of those.
    A Section 2 challenge would require a couple married in an equal-marriage state to be denied some tangible benefit in a non-equal state, rather than just living at home and having to deal with the Feds; and then the case would probably take its time percolating through the state courts and exhausting state-law issues.
    Is that right, or at least in the ballpark, Adam?

    When civilizations clash, barbarism wins. http://Allogenes.wordpress.com

    by Allogenes on Thu Oct 18, 2012 at 05:14:04 PM PDT

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