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View Diary: New awful argument against marriage equality in Pennsylvania: Gay couples are like children (71 comments)

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  •  Hello? Supremacy Clause (2+ / 0-)
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    jaf49, wishingwell

    Given the recent SCOTUS decision on DOMA, this too will be decided in favor of same sex plaintiffs. Corbett and his administration are acting like 12 year olds for ignoring SCOTUS and the advisory opinion of the AG (admittedly his like opponent next year). The reality the Teapublicans are always kicking and screaming and constantly trying to relitigate the past. They never accept defeat. That they are now using an even shittier than usual flawed analogy is a sign of desperation.

    •  this is the state DOMA, not the federal one. (2+ / 0-)
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      Aquarius40, skrekk

      the licenses are invalid under state law at present. The situation is similar to when Gavin Newsom issued licenses in San Francisco.

      there's a lawsuit pending about that, however, and at least one bill in the legislature to overturn it.

      Dawkins is to atheism as Rand is to personal responsibility- mperiousRex.

      by terrypinder on Thu Aug 29, 2013 at 09:41:15 AM PDT

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    •  Windsor case is not applicable here (2+ / 0-)
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      Adam B, terrypinder

      Windsor is a very narrow decision and does not say that all state laws forbidding same sex marriage are invalid.  What is at issue here is whether the Pennsylvania state government can force a county clerk to follow the law as it is written.  The point also being made is that it is not up to the County Clerks to decide what is Constitutional.

      The couples involved will have their day  in court, but not in this action.  I think the Commonwealth ultimately gets its writ of mandamus.

      I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

      by ccyd on Thu Aug 29, 2013 at 09:56:21 AM PDT

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      •  "Equal protection AND equal dignity" (0+ / 0-)

        is the argument Kennedy used in Windsor v US.    Judges across the country are already recognizing that Windsor does indeed apply to the mini-DOMAs in the states.    Scalia foresaw that in his dissent and even drew a road map on how to do it.

        In fact Judge Malott in New Mexico cited Windsor as precedent in his ruling the other day, and Windsor was cited in Ohio recently too.

        •  that's great, but in PA this hasn't happened yet (1+ / 0-)
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          skrekk

          there's a lawsuit pending not related to what's happening in Montgomery County. the state's DOMA is probably still valid until whatever happens with that happens.

          Dawkins is to atheism as Rand is to personal responsibility- mperiousRex.

          by terrypinder on Thu Aug 29, 2013 at 12:01:03 PM PDT

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        •  The validity of the PA law is not in question here (0+ / 0-)

          This is a mandamus action to force a government official to follow the law, not a suit on the merits of the PA marriage law.  If you read the brief Adam B linked to above, you will see that the Commonwealth is not contesting the validity of the licenses already issued at this time (it is saving that for a different case), only seeking to have the MontCo clerk stopped from issuing licenses in the future.  Windsor was not a mandamus action and is therefore not applicable here.

          You are right that Windsor is being used to support cases against state laws forbidding same-sex marriage, including here in Pennsylvania (I wrote a diary on it here).  It is not binding precedent in those cases, however.  The facts in Windsor were narrow -- Legally married same-sex partners in a state that recognizes such unions cannot be denied federal benefits reserved for married couples.  The reasoning behind Windsor, i.e. that same-sex couples cannot be denied equal protection of the law,  is proving persuasive in many of the state cases.

          I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

          by ccyd on Thu Aug 29, 2013 at 12:26:14 PM PDT

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