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View Diary: Army Same-Sex Spouse Wins Battle. "We Would Like To Offer You To Become a Full Member." (37 comments)

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  •  It would sort of be a half-victory (4+ / 0-)

    if Prop 8 fell just for want of tanding. There'd be no legal precedent set by a District ruling and nothing for the LGBT legal community to build up. Walker's awesome opinion would be mooted legally except for Cali.

    But it beats losing.

    And there are concerns the District opinion would only apply to the actual named plaintiffs in the case (Perry, et al), not the entire LGBT community of California. Which would be a pretty awful chaotic mess, if the SCOTUS left it at that, and provided no guidance to Gov. Jerry Brown and AG Kamila Harris on what to do with Walker's ruling. (In the opinion, the SCOTUS might clarify what Walker's ruling means, or they might not, which could lead to a whole 'nother can of legal worms for California to sort out via the Gov/AG/courts.)

    A Supreme Court finding that DOMA defense has no standing to proceed would probably be pretty horrible setback of a few years though, creating a lot of chaos with the District level strike downs in 1st, 2nd and 9th circuits.

    What to do with a law that no one likes, no one will defend, no one is explicitly empowered to stop enforcing and no one is able to repeal? Ugh. Only in America.

    "The marriage fight is over when we say it's over, and it's over when we win."
    —Dan Savage

    by Scott Wooledge on Sat Jan 26, 2013 at 01:38:21 PM PST

    [ Parent ]

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