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View Diary: Soft, fuzzy, and all about 'traditional marriage'? No, DOMA was the demon seed of a hate group. (106 comments)

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  •  Prediction: (0+ / 0-)

    DOMA will be struck down.  Prop. 8 will be upheld.  5-4.  

    Court will hold that when laws like these are challenged on a rational basis, decision is usually left to states.

    "To recognize error, to cut losses, to alter course, is the most repugnant option in government." Historian Barbara Tuchman

    by Publius2008 on Thu Mar 28, 2013 at 09:37:01 AM PDT

    •  I think, and hope, they both go. (0+ / 0-)

      YES WE DID -- AGAIN. FOUR MORE YEARS.

      by raincrow on Thu Mar 28, 2013 at 10:10:14 AM PDT

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    •  At least Prop. 8 can go, with a simple majority (1+ / 0-)
      Recommended by:
      david78209

      vote of the people of California.  Given poll results, that should happen pretty soon, if the courts haven't already struck Prop. 8 down.

      Good luck, on the other hand, getting a repeal of DOMA through the Republican House or a Senate subject to filibuster.

      The influence of the [executive] has increased, is increasing, and ought to be diminished.

      by lysias on Thu Mar 28, 2013 at 11:09:16 AM PDT

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      •  I bet most of the Justices wish that had already (0+ / 0-)

        happened.  If California repealed Proposition 8 today, the Supreme Court could say the whole question is moot, and drop the hot potato.

        We're all pretty strange one way or another; some of us just hide it better. "Normal" is a dryer setting.

        by david78209 on Thu Mar 28, 2013 at 12:44:04 PM PDT

        [ Parent ]

    •  Nope. DOMA will be struck down, Prop 8 will (0+ / 0-)

      be "struck down" due to a lack of standing by the Prop 8 defenders in the federal court system rather than a decision on the merits.  In other words, the Supreme Court will hold that it has to be the state that defends a law in federal court, not private citizens (or an organization of such).  It is much easier to say "if the state doesn't show up to defend their own law, then don't be surprised if it is struck down" than to get into the whole rational basis mess.

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Thu Mar 28, 2013 at 11:35:25 AM PDT

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      •  I was pondering what the effect of that would be. (0+ / 0-)

        Does that mean the whole case must start over, with the State mandated to defend it (isn't that some form of involuntary servitude?) or does it mean a default victory for the plaintiffs?

        "To recognize error, to cut losses, to alter course, is the most repugnant option in government." Historian Barbara Tuchman

        by Publius2008 on Thu Mar 28, 2013 at 06:04:10 PM PDT

        [ Parent ]

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