Judge rules gay marriage ban is unconstitutional

  • fitone

    Posts: 276

    Jul 08, 2010 10:06 PM GMT
    http://www.nytimes.com/aponline/2010/07/08/us/AP-US-GayMarriage-Benef.html?_r=1&hp

  • GQjock

    Posts: 11649

    Jul 08, 2010 10:10 PM GMT
    The lawsuit challenges only the portion of the law that prevents the federal government from affording pension and other benefits to same-sex couples.

    It's not really overturning DOMA

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    Jul 09, 2010 1:07 AM GMT
    GQjock saidThe lawsuit challenges only the portion of the law that prevents the federal government from affording pension and other benefits to same-sex couples.

    It's not really overturning DOMA



    Oh, no, it's much more.

    The judge sited "an offense to the 10'th amendment." That means that he feels the Fed overstepped the "don't dread on me" part of the constitution.

    The judge also cited that the law was "prejudice" and offended The 5'th Amendment (equal protection under the law / due process).

    The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure.

    The Tenth Amendment restates the Constitution's principle of federalism by providing that powers not granted to the national government nor prohibited to the states by the Constitution of the United States are reserved to the states or the people.
  • Peteyboy583

    Posts: 32

    Jul 09, 2010 2:18 AM GMT
    Actually GQJock summed it up pretty nicely, he utilized the 5th and 10th Amendments as his justification so to give the 1st Circuit and SCOTUS plenty to work with when it is appealed. It doesn't matter how many portions of the Constitution it violates, the lawsuit only touched on a portion of the statute and thus, that is the only portion that is effected by the decision.
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    Jul 09, 2010 2:21 AM GMT
    Peteyboy583 saidActually GQJock summed it up pretty nicely, he utilized the 5th and 10th Amendments as his justification so to give the 1st Circuit and SCOTUS plenty to work with when it is appealed. It doesn't matter how many portions of the Constitution it violates, the lawsuit only touched on a portion of the statute and thus, that is the only portion that is effected by the decision.


    If the First Circuit and the Supreme Court embrace the Tenth Amendment argument (which I think they should) it could touch off a lot of litigation going well beyond this sliver of DOMA.
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    Jul 09, 2010 2:26 AM GMT
    YAY!

    Hopefully everyone will STFU about it now.