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View Diary: Citizens United shows true colors with briefs defending Prop 8 and DOMA (12 comments)

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  •  Oh, there's an even better argument in the DOMA (3+ / 0-)
    Recommended by:
    a2nite, irishwitch, elmo

    brief, related to the notion of homosexuals (sic) as a "politically powerless" group.  

    In this case, it is not the lesbian plaintiff and her fellow New York homosexuals who are "politically powerless" as the term was originally coined and applied in Carolene Products.  Rather, here it is the people of the other 49 states who are not citizens of New York and, therefore, who have no say in the decision of the New York judiciary to "recognize [] foreign same-sex marriages before the state passed its marriage statute in 2011."  [...]  When viewed in this light, DOMA Section 3 protects the politically powerless - not the other way around.

    Saint, n. A dead sinner revised and edited. - Ambrose Bierce

    by pico on Wed Feb 06, 2013 at 04:39:20 PM PST

    •  Does that mean we are politically powerless too (1+ / 0-)
      Recommended by:
      pico

      because we haven't been able to stop nutcases in other states from banning gay marriage?

      Seems like that door swings both ways.

      •  Now, now... (1+ / 0-)
        Recommended by:
        elmo

        You know better than to apply consistent reasoning to a brief like this!

        Saint, n. A dead sinner revised and edited. - Ambrose Bierce

        by pico on Thu Feb 07, 2013 at 09:17:37 AM PST

        [ Parent ]

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