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View Diary: The DOMA Decision (124 comments)

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  •  Agreed: equal protection will stress fault lines.. (2+ / 0-)
    Recommended by:
    lostboyjim, bythesea

    ...that Kennedy attempted to steer carefully around in today's ruling.  The equal protection basis of today's decision is incompatible with Kennedy's attempt to ground today's decision on the invidiously discriminatory effect under equal protection of federal law refusing to recognize a marriage legally formed under state law.  If equal protection applies as the reason federal law was improperly discriminatory, it's hard to see how state-law restrictions are sustainable.

    •  I agree. I don't see how states barring same-sex (0+ / 0-)

      marriage and its recognition will be allowed to continue this practice if a proper challenge is mounted based on the historic application of the 5th Amendment's equal protection clause to states, as deemed to exist in the 14th Amendment.

      Dear Fundamentalist Christians, "The Flintstones" was not a reality show. Sincerely, The Rational World.

      by BlueMindState on Wed Jun 26, 2013 at 12:47:12 PM PDT

      [ Parent ]

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