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View Diary: The SCOTUS Stopped Short of Equal Protection. DOMA Still Hurting LGBT. (20 comments)

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    terrypinder

    If you take the wording of the decision on its face, although it talks about federalism, it really struck Section 3 due to equal protection/due process.  I'm sure Kennedy would have been just fine with a federalism decision, but I doubt the liberals would have gone along.  So while he nods at federalism, it's not the basis for the ruling.

    One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

    by AUBoy2007 on Thu Jun 27, 2013 at 10:13:24 AM PDT

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    •  Seems to me (having read the decision) (0+ / 0-)

      that both are important pillars of the decision.

      And the one can be used as an argument against, and the other as an argument for upholding marriages across state lines.

      It may well again come down to which argument Kennedy will choose to go with two or three years hence if and when the issue comes before the court.

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