1st U.S. Circuit Court of Appeals: Heart of Gay Marriage Law Unconstitutional

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    May 31, 2012 3:07 PM GMT
    http://www.boston.com/news/local/massachusetts/articles/2012/05/31/boston_court_us_gay_marriage_law_unconstitutional/?p1=News_links

    Another victory, somewhat.
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    May 31, 2012 3:19 PM GMT
    I doubt the Republican US Supreme Court will uphold this. That's the danger of pushing this issue too quickly, until President Obama in his (Please Lord, let it happen) second term gets to replace a Republican on the Court. As the Supreme Court is currently configured anything gay is bound to fail.
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    May 31, 2012 3:26 PM GMT
    I'm glad, it's a step in the right direction.

    For years I've been amazed that so many people who claim to love the US justify what seems an obvious violation of the Consitution.
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    May 31, 2012 5:08 PM GMT
    When I was a young man, "gay marriage" was the punch line of a joke when it was spoken of at all. It's a new world, and I'm glad I've lived to see it.
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    May 31, 2012 5:40 PM GMT
    ChoklitDaddy saidWhen I was a young man, "gay marriage" was the punch line of a joke when it was spoken of at all. It's a new world, and I'm glad I've lived to see it.

    When I came out, being gay was a crime in many States. Republicans and their supporters here want to return to that time.

    I doubt my partner and I will live long enough to legally marry, and see gay marriage recognized in all the United States. And the conservabullies here oppose such a thing, along with equal civil rights for gays.

    But maybe, after we're gone, gay guys here today will have gay marriage in the US, and civil rights protections. It rips me apart that my partner & I will never enjoy it, but if you guys fight for it hard enough, perhaps you will see it in your own lifetimes. icon_biggrin.gif
  • neosyllogy

    Posts: 1714

    May 31, 2012 5:51 PM GMT
    That's the most exciting thing I've heard in awhile.
    While state-by-state legalization is important federal recognition of state sanctioned marriages seems to me much more important. Taxes is one thing, but social security, pensions, etc. - this becomes a HUGE issue for married couples as they get older - and is especially problematic in cases where one spouse is/was the primary 'bread winner' and the other was involved in child rearing or other issues.


    @Art : That made me super sad. icon_cry.gif
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    May 31, 2012 6:11 PM GMT
    neosyllogy said@Art : That made me super sad. icon_cry.gif


    And a little pissed off at the people and elected/appointed leaders of the US. It's bullshit that people in this country can't be treated as equals regardless of who we love.

    On another note, just because we MAY get treated fairly on this issue at some point in time doesn't mean the "moral" majority will leave us alone.
  • CuriousJockAZ

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    May 31, 2012 6:35 PM GMT
    Art_Deco saidI doubt the Republican US Supreme Court will uphold this. That's the danger of pushing this issue too quickly, until President Obama in his (Please Lord, let it happen) second term gets to replace a Republican on the Court. As the Supreme Court is currently configured anything gay is bound to fail.



    I disagree with this sentiment. I think the Judges take their job pretty damn seriously, and they know what a hot button issue this is. I have confidence that they will do the right thing in accordance with our constitution.
  • metta

    Posts: 39159

    May 31, 2012 6:36 PM GMT
    National groups react to appeals court decision that Defense of Marriage Act is unconstitutional


    http://miamiherald.typepad.com/gaysouthflorida/2012/05/national-groups-react-to-appeals-court-decision-that-defense-of-marriage-act-is-unconstitutional.html
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    May 31, 2012 7:13 PM GMT
    neosyllogy said@Art : That made me super sad. icon_cry.gif

    I'm sorry you are sad. I'm 63, my partner about to turn 78. The conservabullies who mock us want us to die unmarried. Why do you think they're here? They want us to all die unmarried.

    As long as we know who and what they are, and why they're here on a gay site, we'll be OK. It's when we start taking them seriously that we'll be in trouble.
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    May 31, 2012 7:23 PM GMT
    I am amazed at how people forget about the Due Process Clause. Its not a matter of if anymore its a matter of when. Gay Marriage will probably never have an amendment but i'm positive that state amendments banning same sex marriage and unions will be ruled unconstitutional in the near future.

    I am personally not asking for marriage as I could care less about being considered married. All I am asking for is the exact same rights as every other American. I pay taxes so I therefore should be allowed to receive benefits from my future partner and file our taxes together like every other American.
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    May 31, 2012 7:24 PM GMT
    Art_Deco saidI doubt the Republican US Supreme Court will uphold this. That's the danger of pushing this issue too quickly, until President Obama in his (Please Lord, let it happen) second term gets to replace a Republican on the Court. As the Supreme Court is currently configured anything gay is bound to fail.


    Yep, until the High Court conservative majority is overtaken by a liberal or even a moderate, this is sadly the case. Anthony Kennedy is the only remote hope, since he is usually the swing vote on some key issues.
  • CuriousJockAZ

    Posts: 19138

    May 31, 2012 7:30 PM GMT
    Now, now, let's not be all "Doom & Gloom" here. I am actually optimistic that IF it goes to The Supreme Court that we may be pleasantly surprised. These same gloom & doomers were saying not so long ago that DADT would never be over-turned in their lifetime and we know how THAT went. Think positive! Maybe The Supreme Court will do what's right and keep politics out of this.
  • CalebKM

    Posts: 156

    May 31, 2012 7:40 PM GMT
    All we can do is stay positive, push the issue carefully and spread the word. One time I was talking to an acquaintance and she said she didn't understand it, so I said "do you love your husband?". She replied, "yes of course, why?", I said, "Imagine most of the world being gay and you being a minority as a "heterosexual person", you had controversy around your life everyday. People telling you that you're going to hell because of who you are, you can't see him/her while in the hospital dying, you can't adopt children to raise and love, you can't even donate blood to save lives. The man that you love, you can't marry him because no one "likes" it or "agrees" with it. All you can do is live in a world filled with hate against you for being born and living as yourself, it's a situation you'll never truly understand and I'm glad you never will because it's very cold in my world at times. If I love someone I want to marry him and I WILL one day.". So she teared up and apologized, I felt bad but it got the point across for the most part. icon_lol.gif
  • CalebKM

    Posts: 156

    May 31, 2012 7:44 PM GMT
    CuriousJockAZ saidNow, now, let's not be all "Doom & Gloom" here. I am actually optimistic that IF it goes to The Supreme Court that we may be pleasantly surprised. These same gloom & doomers were saying not so long ago that DADT would never be over-turned in their lifetime and we know how THAT went. Think positive! Maybe The Supreme Court will do what's right and keep politics out of this.



    Sing it little bird!! icon_biggrin.gif
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    May 31, 2012 7:47 PM GMT
    If it goes to the Supreme Court, it will definitely make it.

    Kennedy wrote the majority opinion in Lawrence v Texas, which was landmark as fuck, and Kennedy as we all SHOULD know...is the most powerful Justice on the Supreme Court. Why? Because he's the swing vote! And the swing voter wrote a beautiful majority opinion in Lawrence v Texas which gave us the right to have shexy time.


    Against Gay Marriage: Alito, Scalia, Thomas, and Roberts
    For Gay Marriage: Ginsburg, Kagan, Sotomayor, Breyer and Kennedy


    WAHOO!

    But...The issue is the Court might not accept the case icon_sad.gif

    The liberal bloc of the Supreme Court understands that they will probably get a ton of scrutiny, which will make their lives harder (when making future decisions) and will also make it even harder for the Presidents to appoint liberal justices. Republicans may block nominees who aren't centrist because the fear that the liberal justices have clearly taken over.

    The conservative bloc wouldn't want to hear the case either, because it's near-impossible to Constitutionally say that LGBT marriage is not a protected right...So why would they accept a case that they are fighting a truly up-hill/mountain battle?

    I doubt it'll reach the Supreme Court in the next two years -- I believe however, that after DOMA is repealed or amended or fixed in some way, THEN the Supreme Court will take it. Supreme Court is simply just waiting until further notice on how the nation believes lgbt marriages should be decided.

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    May 31, 2012 7:51 PM GMT
    wvufan87 said
    Art_Deco saidI doubt the Republican US Supreme Court will uphold this. That's the danger of pushing this issue too quickly, until President Obama in his (Please Lord, let it happen) second term gets to replace a Republican on the Court. As the Supreme Court is currently configured anything gay is bound to fail.

    Yep, until the High Court conservative majority is overtaken by a liberal or even a moderate, this is sadly the case. Anthony Kennedy is the only remote hope, since he is usually the swing vote on some key issues.

    And so will it be. icon_sad.gif
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    May 31, 2012 8:13 PM GMT
    Kennedy is the only Con in that living joke we refer to as the Supreme Court who would even consider the Constitution when ruling on this.
  • jhill2456

    Posts: 285

    May 31, 2012 8:26 PM GMT
    The decision has been stayed waiting for appeal, but this is great news. And this did not come from the Court in San Francisco which is often times overturned.
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    May 31, 2012 8:30 PM GMT

    (Picking out designer wedding dresses online...) icon_biggrin.gif
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    May 31, 2012 8:45 PM GMT
    This will pass in the supreme court with at least a 7-2 majority with its current makeup, mark my words. The Supreme Court may be conservative and may make some atrocious decisions, but this is so black and white that even they can't justify a no vote. the 2 will be Scalia and Thomas, I can even see a unanimous 9-0 or 8-1.
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    May 31, 2012 10:05 PM GMT
    CalebKM saidAll we can do is stay positive, push the issue carefully and spread the word. One time I was talking to an acquaintance and she said she didn't understand it, so I said "do you love your husband?". She replied, "yes of course, why?", I said, "Imagine most of the world being gay and you being a minority as a "heterosexual person", you had controversy around your life everyday. People telling you that you're going to hell because of who you are, you can't see him/her while in the hospital dying, you can't adopt children to raise and love, you can't even donate blood to save lives. The man that you love, you can't marry him because no one "likes" it or "agrees" with it. All you can do is live in a world filled with hate against you for being born and living as yourself, it's a situation you'll never truly understand and I'm glad you never will because it's very cold in my world at times. If I love someone I want to marry him and I WILL one day.". So she teared up and apologized, I felt bad but it got the point across for the most part. icon_lol.gif
    NEVER feel bad when explaining TRUTH.. ever!
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    May 31, 2012 10:07 PM GMT
    It had BETTER be heard by the USSC..

    It is by FAR more pressing than "Citizens United v. Federal Election Commission"...............................
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    May 31, 2012 11:30 PM GMT
    CuriousJockAZ said
    Art_Deco saidI doubt the Republican US Supreme Court will uphold this. That's the danger of pushing this issue too quickly, until President Obama in his (Please Lord, let it happen) second term gets to replace a Republican on the Court. As the Supreme Court is currently configured anything gay is bound to fail.



    I disagree with this sentiment. I think the Judges take their job pretty damn seriously, and they know what a hot button issue this is. I have confidence that they will do the right thing in accordance with our constitution.


    Uh huh ... yeah, whatever:

    1) SCOTUS, 1857: Dred Scott - upholding the Fugitive Slave Act. The language of Chief Justice Roger B. Taney follows:

    Blacks were “an inferior order and altogether unfit to associate with the white race,” Taney wrote. “They had no rights that the white man was bound to respect.” Moreover: “The Negro might justly and lawfully be reduced to slavery for his own benefit.” They were not citizens and could not claim the “rights and privileges” of citizenship even if their masters took them to free states.

    2) SCOTUS, 2000: G.W. Bush declared president although Al Gore got 543,895 more votes.

    3) SCOTUS, 2010: Citizens United - "Corporations are people, my friend," said your favorite presidential candidate. icon_lol.gif

  • jhill2456

    Posts: 285

    May 31, 2012 11:48 PM GMT
    Suecer saidThis will pass in the supreme court with at least a 7-2 majority with its current makeup, mark my words. The Supreme Court may be conservative and may make some atrocious decisions, but this is so black and white that even they can't justify a no vote. the 2 will be Scalia and Thomas, I can even see a unanimous 9-0 or 8-1.


    I actually agree with you on this, that it will be a 7-2 decision and that it will be so broad that it will finally answer the question of Gay Marriage.