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View Diary: Obama administration will recognize Utah same-sex marriages (77 comments)

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  •  Any positive change is going to be a tough climb (2+ / 0-)
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    commonmass, FogCityJohn

    That is, I suppose, the nature of things that need the attention of the Supreme Court. They don't get the easy ones.

    On the other hand, it would seem to me that in cases where a state has heretofore not invoked the public policy exception and is now proposing to do so in the case of such a large class of marriages (now recognized in 17 states and the District of Columbia), that state would have to make exceedingly strong arguments to support a contention that they are not simply expressing animus.

    I'd think that Section 2 of DOMA would fall for the same reason that Section 3 did: it creates a class of marriages for the sole and express purpose of NOT recognizing them and therefore for the purpose of disadvantaging the individuals in those marriages. The Court has already signaled a disinclination to permit that sort of thing.

    •  True enough (1+ / 0-)
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      I think it's almost impossible to contend these same-sex marriage bans are the product of anything other than animus, but those arguments will nonetheless be made.

      I hope the Supreme Court (or at least five members of it) will again conclude that these bans don't qualify for the public policy exception.  They're not like the other types of legislation that have passed muster, I don't think.  This area of the law is made even more complicated because, IIRC, the cases distinguish between the effect states must accord to sister-state "judgments" and the effect they must accord to other acts.  

      Anway, we'll see what the courts do.  I suspect the Supreme Court will try to avoid decision of this question for as long as it reasonably can.

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Fri Jan 10, 2014 at 01:28:22 PM PST

      [ Parent ]

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