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View Diary: Is Marriage Equality Almost Here? Six Possible Outcomes of the DOMA and Prop 8 Cases (25 comments)

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  •  Gooserock is referring to Windsor and DOMA (1+ / 0-)

    not to Prop 8. At least as I understand the question.

    Not being an attorney I can't say anything definitive as to how things would play out if the court found that nobody had standing to appeal the Windsor decision and I will have to rely on a common sense understanding of how things "should" operate (which is risky when considering points of law). If I understand correctly, were the court to determine that nobody has standing to appeal the lower court's ruling in the Windsor case, it is possible, though not certain, that Edie Windsor would be the only person to come out ahead. It is also possible however that the courts would view the outcome of the case as applying throughout the Second Circuit. This would of course create a situation where Section 3 of DOMA continues to apply in all states except those within the Second Circuit--a situation that is untenable even in the very short run and which would certainly give rise to additional challenges to DOMA in other jurisdictions where there are states that have marriage equality. In this context it is interesting to me that the court chose to accept only the Windsor case and not grant expedited review on cases currently in process in the First and Ninth Circuits. Perhaps this signals an intent to issue a wider-ranging ruling...and perhaps it does not.

    •  Ah. I had forgotten about the BLAG (1+ / 0-)
      Recommended by:
      sfbob

      standing issue on Windsor.

      With the Decision Points Theater, the George W. Bush Presidential Library becomes the very first Presidential Library to feature a Fiction Section.

      by Its the Supreme Court Stupid on Wed Jun 12, 2013 at 02:51:34 PM PDT

      [ Parent ]

      •  One additional note on Windsor (2+ / 0-)

        If the case is decided on procedural grounds and the Windsor's suit is upheld, it could also mean that every gay or lesbian couple or survivor would need to file suit in order to be treated equally with reference to the tax code. This will also be obnoxious and awkward but at least they will have the original decision as a sound basis for filing suit. At some point the court is going to need to take on the merits of DOMA.

        I can foresee a possible situation by which a major corporation files suit based on their need to be able to treat their employees within different jurisdictions consistently for tax purposes. As things stand now, those corporations which have legally married gay and lesbian employees face a nightmare of conflicting tax regulations.

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