Skip to main content

View Diary: Prop 8 decision to be announced tomorrow (205 comments)

Comment Preferences

  •  I'm just wondering (0+ / 0-)

    how the Federal Law, DOMA, is going to affect this case along with the Constitution protection of the Voters rights vs the Anti Prop 8 Plaintiffs.

    I mean, under federal law, DOMA already exists as a law, as such the Judge, being in a federal court, has to take DOMA into account as well as the protection of voter rights as established in the Constitution.

    we have to realize the the 10th and 15th amendment is in play as well at a Federal level over same sex marriage as welll as Federal Law, DOMA.

    I truely expect Walker going with the decision for Pro-same sex marriage.. But I won't be suprised if he goes the other way. The constitution sides with the Voters and Federal Law / Rulings has to uphold DOMA until it is repealed.

    So long as the issue is in Federal Court.. no matter the amount of appeals, USSC will, with current people in place, side with the Voters and with the Federal laws as protected in the COnstitution.

    But I agree it will be huge seing Walker come out on the side of Pro marriage equality. I just don't expect it to last.. to me, it would be a hollow victory unless USSC validates Walker's decision.

    •  DOMA is a statute (2+ / 0-)
      Recommended by:
      jayden, Darmok

      It does several things, such as permitting states to refuse to recognize same-sex marriages legally performed in other states and denying federal recognition of same-sex marriages in the provision of federal benefits.

      This being a constitutional case, I doubt it would be pertinent here since it doesn't mandate that the courts rule a particular way on matters of law.

      And of course DOMA is having its own problems in the federal court system, parts of it having been ruled in another district court, in two separate cases, as being in violation of Amendments 5 and 10 of the Bill of Rights.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site