...and DOMA came tumbling down

  • DCEric

    Posts: 3713

    Jul 09, 2010 12:56 PM GMT
    Clicky Pops

    This won't be the end of the line, but the States Rights issue seems to generate more support from the conservatives. This isn't the only article I have seen the seems to suggest that it will be difficult for the Federal Government to win an appeal.
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    Jul 09, 2010 1:10 PM GMT
    Hardly tumbling down. This will be appealed all the way to the US Supreme Court, the final ruling perhaps 2 years away or more. And since the current Conservative balance of the Court is unlikely to change before then (a bolt of lightning too much to hope for), DOMA will be upheld.

    Plus there is no time nor political strength to revoke DOMA in Congress before the 2010 November elections, when a likely Republican victory will prevent any consideration for another 2 years. If anything, we might expect a strengthening of DOMA, much to the joy of those like southbeach here.

    So tumbling down? Not even close, just a little chip in a law that will take years yet to repeal, if ever. My greater fear is that by forcing this issue to go before a Conservative Court that will affirm it, a precedent will be established that future Courts will, by tradition, feel obliged to uphold. The timing here is all wrong, but tell that to stupid queens & dykes, whose view of things never goes beyond ME, ME, ME!

    I note that Speaker Pelosi has issued a statement in support of this court ruling, but that the Obama Justice Department is expected to appeal it, for political reasons as the Congressional elections approach. The majority of Americans still hate gays, it's getting worse with the Teabagger movement, and the White House can read the polls.
  • DCEric

    Posts: 3713

    Jul 09, 2010 2:12 PM GMT
    Everything I have seen, including on the conservative side of blogs, seems to imply that this will be a hard ruling to overturn, because of its basis in the conservative reading of the constitution, namely states rights. I guess we will see, but for now the ruling is in effect in Mass as the ruling has not been stayed.
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    Jul 09, 2010 2:19 PM GMT
    DCEric saidEverything I have seen, including on the conservative side of blogs, seems to imply that this will be a hard ruling to overturn, because of its basis in the conservative reading of the constitution, namely states rights. I guess we will see, but for now the ruling is in effect in Mass as the ruling has not been stayed.

    The Courts have always found ways to twist interpretation of the law and the US Constitution to suit their prejudices. Dred Scott Decision, anyone? The Conservatives on the Supreme Court will want to prevent this pro-gay opinion from being upheld, and will come up with some reading that will support their homophobia. And all the legal logic in the world will make no difference to them, not states' rights nor anything else. As little "Alice" was told: "Verdict first, trial second!" This District Court ruling is dead in the water.

    The bad news is that it will fuel anti-Democratic sentiment for this Fall's elections, Republicans using it as an example of "activist" judges defying the will of the people. Of course the courts aren't activist when the Republicans get a ruling that they like; then the judges are upholding the law and the Constitution. Head I win, tails you lose, as my late Mother used to say.
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    Jul 09, 2010 2:50 PM GMT
    Wilton saidHardly tumbling down. This will be appealed all the way to the US Supreme Court, ...


    By whom? The Obama administration? Don't they have the option of not appealing, and if so, why wouldn't they exercise that option?
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    Jul 09, 2010 6:00 PM GMT
    Wilton said
    DCEric saidEverything I have seen, including on the conservative side of blogs, seems to imply that this will be a hard ruling to overturn, because of its basis in the conservative reading of the constitution, namely states rights. I guess we will see, but for now the ruling is in effect in Mass as the ruling has not been stayed.

    The Courts have always found ways to twist interpretation of the law and the US Constitution to suit their prejudices. Dred Scott Decision, anyone? The Conservatives on the Supreme Court will want to prevent this pro-gay opinion from being upheld, and will come up with some reading that will support their homophobia. And all the legal logic in the world will make no difference to them, not states' rights nor anything else. As little "Alice" was told: "Verdict first, trial second!" This District Court ruling is dead in the water.

    The bad news is that it will fuel anti-Democratic sentiment for this Fall's elections, Republicans using it as an example of "activist" judges defying the will of the people. Of course the courts aren't activist when the Republicans get a ruling that they like; then the judges are upholding the law and the Constitution. Head I win, tails you lose, as my late Mother used to say.



    The right-wing haters who would be motivated to vote by this were already foaming at the mouths with anticipation at the prospect of going to the polls in Nov. to vote a straight Republican ticket.
    This won't scare up any more right-wing votes than are already locked in for Nov.
    Which is why we have to be just as motivated to go and vote to block their desire to replace every Democrat with a teabagging gay-hating Republican.
    Otherwise, we'll wake up the morning after the election to find that a whole lot of extremist right-wingers have taken control of Congress, and the gayhaters will be running things in Washington.