Originally Posted By Mr X "DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment" A victory for all those in favor of equality (and screw those four jackasses, glad they're on the WRONG side of history today!).
Originally Posted By Mr X KENNEDY, J., delivered the opinion of the Court, in which GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined. ROBERTS, C. J., filed a dissenting opinion. SCALIA, J., filed a dissenting opinion, in which THOMAS, J., joined, and in which ROBERTS, C. J., joined as to Part I. ALITO, J., filed a dissenting opinion, in which THOMAS, J., joined as to Parts II and III
Originally Posted By ecdc Wait...my straight marriage is now UNDEFENDED!?! I gotta get to the store to buy some garlic and holy water! That works on the gays, right? Right?!?! It's going to be World War Z all over again!
Originally Posted By Dabob2 Durn you, Mr. X and your far-east time zone! I wanted to post this topic.
Originally Posted By Mr X lol...worry Dabob, better watch SCOTUS blog more carefully next time. I'll hang back and let you post about Prop 8 in a few minutes, how's that?
Originally Posted By Dabob2 "DOMA’s history of enactment and its own text demonstrate that interference with the equal dignity of same-sex marriages, conferred by the States in the exercise of their sovereign power, was more than an incidental effect of the federal statute. It was its essence. " Well said, Mr. Kennedy.
Originally Posted By Dabob2 "I applaud the Supreme Court’s decision to strike down the Defense of Marriage Act. This was discrimination enshrined in law. It treated loving, committed gay and lesbian couples as a separate and lesser class of people. The Supreme Court has righted that wrong, and our country is better off for it. We are a people who declared that we are all created equal – and the love we commit to one another must be equal as well. "This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents’ marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better." (snip) "The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: when all Americans are treated as equal, no matter who they are or whom they love, we are all more free." Well said, Mr. Obama.
Originally Posted By TomSawyer I wonder how this will affect benefits under the full faith and credit clause? Straight married couples don't have to re-apply for a marriage license if they change states, and their marriage is legally recognized by their new state and they receive the benefits of being a married couple. Now that a gay married couple in Salt Lake City or Macon will receive federal benefits and legal protections of any other married couple, what's to stop them from gay people in those cities from travelling to a state where they can legally marry and then returning home with federal benefits and protections? I'm sure the next lawsuit over this issue will surround the full faith and credit clause, and some states will argue that they don't have to extend the same benefits to all married couples if they don't want to. I don't see that argument winning in the courts. States without gay marriage are going to have to recognize gay marriages from other states. This is huge.
Originally Posted By ecdc >>States without gay marriage are going to have to recognize gay marriages from other states. This is huge.<< Exactly my thoughts. The next step we're going to see are gay couple activists moving to states that outlaw gay marriage to challenge those laws. It's especially important that DOMA was struck down under Constitutional grounds, not some technicality.
Originally Posted By Dabob2 The only question is how long the hodgepodge of different laws will last. Remember, the couple involved in Loving v. Virginia were legally married (in MA, I think) before moving to VA and being told by VA "you're no longer married." SCOTUS eventually ruled this could not stand. I highly suspect that the final death knell to inequality will be filed by a similar same-sex couple who get legally married in one state and then move to another. We've always been able to move from state to state, of course; we shouldn't lose legal rights when we do. Of course, it could take years for such a case to wend its way through the system. By that time, perhaps we'll have a different make-up of the court and we'll have an equivalent of the Loving decision. I don't think the current court would go there (they COULD have gone there today), including Kennedy. But a future court could, and eventually certainly will. The question is when.
Originally Posted By TomSawyer From Alito's dissent: "Acceptance of the argument would cast all those who cling to traditional beliefs about the nature of marriage in the role of bigots or superstitious fools." Well, duh.
Originally Posted By doombuggy wow what an awesome anniversary present my partner and I celebrate 14yrs and this happens on the same day.
Originally Posted By skinnerbox Post 15: The quote and response should be on a t-shirt! Brilliant, TS!
Originally Posted By Labuda "Now that a gay married couple in Salt Lake City or Macon will receive federal benefits and legal protections of any other married couple, what's to stop them from gay people in those cities from travelling to a state where they can legally marry and then returning home with federal benefits and protections?" Exactly what I thought about this morning. In fact, I kind of want to talk to someone (maybe the ACLU? I dunno... suggestions welcome) about forming a gourp that accepts donations of frequent flyer miles so that less fortunate (i.e., poor) gay Texans can fly to a state where it's legal and get married there. Maybe I'll try to get in touch with Andy, my Travis County Dem chairman...
Originally Posted By oc_dean I'm still a bit confused how a marriage between 2 men or 2 women can be recognized on the federal level in a state that does not recognize marriage equality. (And as I read through the posts) ... There are some backward states that have gone through the trouble to deliberately ban gay marriage. What's to stop additional backward states that don't already have bans legislated through, to racing to make the ban, now? Just to have to take years to challenge in future lawsuits against those states. Seems to me ... the last remaining backward states in the union will put up a fight .... that will just be a drain on various levels, for years to come. It would be nice if that could be just cut off at the pass right away .. before any state could pull off any stupid stunt, such as that. It's just going to be a ridiculous drain on resources, people's nerves, etc, etc.
