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

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  •  It was really more of a feel-good clause because (0+ / 0-)

    it did nothing to change the legal status quo.

    The link I posted upthread  has an argument about why section 2 needs to be repealed anyway:
    In Summary:

    • The states never needed DOMA in order to refuse recognition to out-of-state marriages between same-sex couples. If they are bound and determined to refuse to give any recognition to those relationships, they already have the power to do that, and repealing DOMA in its entirety will not change that fact.

    Repealing DOMA remains vitally important, however, because the statute places in jeopardy all court judgments that are based upon the existence of a same-sex relationship. Authorizing states to refuse to enforce this one class of out-of-state judgments -- something that has never been done in the history of the United States -- disrupts family and financial relationships and encourages irresponsible behavior.

    DOMA also has the effect of encouraging states to avoid the kind of serious analysis that marriage recognition disputes require. There are many situations in which it makes sense for a state to recognize the relationship of a same-sex couple, even if the state would not allow the couple to marry in the first place. States have an obligation to analyze those situations carefully. DOMA encourages states to treat these couples with hostility, and it represents a particular type of affront to one class of citizens that is unprecedented in federal law.

    So section 2 is really more of a theoretical concern in court cases, but obviously needs to go.

    I hope all of this gets resolved quickly for you and your husband, and for everyone else impacted by these bigoted and insane laws.    I have a daughter who would like to marry her girlfriend, but if she does that in Iowa she faces a potential 9-month jail term and a $10,000 fine when she returns to Wisconsin.    Hard to say if that's enforceable or if the state would be dumb enough to enforce it, but still....

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