Skip to main content

View Diary: Good News on the LGBT front! (and what you need to do to help) (224 comments)

Comment Preferences

  •  Hrm on DOMA. (3+ / 0-)
    Recommended by:
    musing85, SallyCat, dharmafarmer

    I think that's a good sign of what we're up against when it comes to a full repeal: this idea that it's really about protecting state's rights.  I wonder if Lieberman would support the repeal of the first half of DOMA (i.e. federal non-recognition of marriage).

    The reason the second part doesn't concern me as much is because, either way, it has to be taken to the SCOTUS.  Very conservative states will not recognize out-of-state marriages, whether that clause of DOMA is in place or not.  The courts will have to make a ruling of some sort.

    Saint, n. A dead sinner revised and edited. - Ambrose Bierce

    by pico on Fri Jun 19, 2009 at 04:23:18 PM PDT

    [ Parent ]

    •  Unless SSM is declared a right, (2+ / 0-)
      Recommended by:
      SallyCat, pico
      Doma's will be uphheld re: state recognition.  There's plenty of caselaw supporting that position and none against that I know of.

      We are building a team that is continuously being built. - Sarah Palin

      by burrow owl on Fri Jun 19, 2009 at 04:28:29 PM PDT

      [ Parent ]

      •  Either way, (2+ / 0-)
        Recommended by:
        musing85, SallyCat

        it won't depend on repealing that section of DOMA, since it just reiterates the usual shtick about policy exceptions.  The courts will have to decide whether same-sex marriage is a legitimate policy exception or not.

        Saint, n. A dead sinner revised and edited. - Ambrose Bierce

        by pico on Fri Jun 19, 2009 at 04:31:06 PM PDT

        [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site