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View Diary: Prop H8 Ruling Threatens Gay Marriage Bans Across the Nation (32 comments)

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  •  The decision also finds (3+ / 0-)

    a due process right to marriage that cannot be restricted based on gender or sexual orientation.  As such, it's potentially applicable nationwide, but you are correct that it's not binding outside of California.

    I wouldn't expect lots of challenges until this gets at least through the 9th circuit.  

    "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

    by Loge on Thu Aug 05, 2010 at 06:08:56 AM PDT

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    •  Oh, I do not disagree about its implications (3+ / 0-)
      Recommended by:
      Captain Sham, yella dawg, Loge

      I am objecting to the characterization of all other same-sex marriage bans as "impermissable denials" -  that status will not occur until a Court with jurisdiction over a state or states so rules.

      "what the best and wisest parent wants for his child is what we should want for all the children of the community" - John Dewey

      by teacherken on Thu Aug 05, 2010 at 06:20:23 AM PDT

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      •  I'd characterize it (0+ / 0-)

        that the bans are impermissible (as this is a persuasive holding and the only federal court decision on point) but enforceable.

        "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

        by Loge on Thu Aug 05, 2010 at 08:23:39 AM PDT

        [ Parent ]

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