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View Diary: Judge: No, you can't deny them medical help becuase they're gay. (27 comments)

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  •  CA State court will not be followed by the Feds (1+ / 0-)
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    This decision will have no effect outside of California. California Courts can declare gay marriage legal but it's still outlawed by the Federal DoMA.

    "It's the planet, stupid."

    by FishOutofWater on Mon Aug 18, 2008 at 11:50:32 AM PDT

    •  Protected class status (3+ / 0-)
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      Catte Nappe, alizard, homogenius

      for sexual orientation is a part of a number of state constitutions and would similarly bar a fertility clinic from discriminating against a lesbian or lesbian couple seeking services.  It's unrelated to their marital status, and so unrelated to DOMA.

      Am I missing something?

    •  Apples and Oranges. (1+ / 0-)
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      There is no federal law banning federal recognition of the rights of gays and lesbians other than marriage or military service. Therefore, this could be cited in federal court someday, depending on the circumstances. For instance, the President can lawfully issue an executive order banning discrimination in employment and services for LGBT people in the Executive Branch, but cannot lawfully recognize same-sex marriages.

      This is only binding on issues falling under the California Constitution, unless someone raises issues under federal jurisdiction, as in Dale v. Boy Scouts. That should have been settled by the New Jersey Supreme Court ruling, but the BSA successfully got the SCOTUS to review it and overturn it.

      "Troll-be-gone...apply directly to the asshole. Troll-be-gone...apply directly to the asshole."

      by homogenius on Mon Aug 18, 2008 at 12:53:40 PM PDT

      [ Parent ]

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