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View Diary: 1138 same-sex benefits and rights - now! (89 comments)

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  •  of course FFC (1+ / 0-)
    Recommended by:
    dadanation

    is a valid argument.

    However, from the Harvard Law Review from above:
    Until recently, DOMA was effectively unchallengeable by the individuals subjected to its stigma. . . . Now the time is ripe for a constitutional challenge to DOMA. . . . DOMA violates principles of equal protection and due process. A strong case can also be made that DOMA abuses the Full Faith and Credit Clause and contravenes fundamental principles of federalism. A successful equal protection or due process challenge, however, is likely to have the farthest-reaching implications for the future of same-sex marriage in two respects. First, if DOMA is found to violate equal protection or due process, the state DOMAs are likely to fall on the same grounds. And second, it is difficult to imagine how the Court could find excluding same-sex couples from the definition of marriage unconstitutional without creating a constitutional requirement that same-sex couples be allowed to marry.

    And also there is Charles Merill's challenge on tax grounds, the link found above.
    There are many ways to battle, and in all ways I say.  But when allocating resources and best outcomes, decisions of whether to go legislative or court action  (voter initiatives seem to suck) or approach state by state or federal, I think that maybe the federal legislative process with the next congress and same sex equality friendly president maybe (of maybe not) be the best way to go.  
    Charles Rengal's office would be a place to start.  

    •  i would look to the courts first (2+ / 0-)
      Recommended by:
      PaintyKat, ardyess

      my aunt, the judge, is quite clear that the ban on same sex marriage will fall, and at the federal level, and sooner than one might imagine.

      if the legacies of desegregation, abortion, contraception or even inter-racial marriage are to be of some instruction to advocates for same sex marriage it should be to understand that even though public support may not be overwhelming or even constitute a plurality or majority of the public, that is no reason to slow down on moving the issue through every and all channels possible.

      and to look to the courts to be both the catalyst for the change as well as the change itself.

      there are a few members in leadership position who are strong allies of the LGBT community but rangel does not pop to mind at first blush. but then again, given the fate of ENDA last year, i am sad that we continue to be a troubling "issue" that most members would just rather not have to dare address.  

      plus, the real risk of federal legislation on this issue is exactly i believe the same risk that we have to contend with regarding hiv funding.  the "christmas tree" effect of piling onto such legislation negative amendments and restrictions and other odious language/requirements.

      jesse helms was a rotten homophobe who used legislative vehicles to codify some of the most vile of restrictions in hiv funding, many of which exist to this day.

      i shudder to think what tom coburn would do if given the chance to play negative amendment games on a same sex federal bill.

      _______________

      I only use my evil powers for good

      -9.75 (e), -7.18 (s)

      by dadanation on Sat Dec 13, 2008 at 03:57:50 AM PST

      [ Parent ]

      •  Yes, in complete agreement here (1+ / 0-)
        Recommended by:
        dadanation

        and as posted above:

        Having DOMA overturned by a sizable majority by the U.S. Supreme Court would probably send a stronger political message than having DOMA declared null and void by the federal legislative process.

        But unfortunately, with the current makeup of the SCOTUS, can this really be certain?  And my agnostic response - from your judge aunt's lips to God's ears.  DOMA does need to be gone.  Probably one of the worst pieces of legislation ever.  
        But keeping this battle for equality going on all levels I do believe needs to remain.  Remember that the federal government has been nothing but hostile to this. Maybe this time it won't be so.  Obama's statements on same-sex equality seem encouraging, and if he would use the political smarts that I think he has, and the rest of the Dems would "get some balls" so to speak, things can be different.  And this diary that I offer here is maybe one of many possible ways to create the change.  Maybe this can be change we can believe in, and there will be equality in law throughout our nation.    

        •  i so so so hope so (1+ / 0-)
          Recommended by:
          ardyess

          from your keyboard to the laws of the land:

          and there will be equality in law throughout our nation.

          _______________

          I only use my evil powers for good

          -9.75 (e), -7.18 (s)

          by dadanation on Sun Dec 14, 2008 at 06:59:30 AM PST

          [ Parent ]

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