Supreme Court strikes down part of DOMA, dismisses Prop. 8 appeal

  • metta

    Posts: 39118

    Oct 29, 2012 4:04 PM GMT

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    BREAKING: Supreme Court decides to review Prop 8, DOMA cases

    http://www.prop8trialtracker.com/2012/12/07/breaking-supreme-court-decides-to-review-prop-8-doma-cases/


    POLL: Will the U.S. Supreme Court Decide in Favor of Gay Marriage?

    http://www.causes.com/causes/7741-gay-rights-are-human-rights/actions/1713491



    Date Set: US Supreme Court to Decide Fate of Prop. 8 and DOMA Cases

    The U.S. Supreme Court has announced that it will consider whether to grant review in AFER’s federal constitutional challenge to California’s Proposition 8.

    The Justices will meet to discuss our case, along with several challenges to the so-called Defense of Marriage Act (DOMA), at their private Conference scheduled for Tuesday, November 20.

    story continues....

    http://www.afer.org/blog/date-set-us-supreme-court-to-decide-fate-of-prop-8-and-doma-cases/
  • TheBizMan

    Posts: 4091

    Oct 29, 2012 5:34 PM GMT
    Omg omg omg.... this is SO big! Let's hope they do the right thing!
  • metta

    Posts: 39118

    Oct 29, 2012 5:51 PM GMT


    I of course have no idea what they will actually do...but if I had to guess....my guess would be that they will deny review of the prop 8 case (making marriage equality legal in California again) and they will hopefully hear the doma cases.
  • HottJoe

    Posts: 21366

    Oct 29, 2012 5:56 PM GMT
    TheBizMan saidOmg omg omg.... this is SO big! Let's hope they do the right thing!


    +1

    Fingers crossed!
  • roadbikeRob

    Posts: 14351

    Oct 30, 2012 5:27 PM GMT
    I hope that the US Supreme Court kills that horrendous Proposition 8 dead and gay marriage becomes the law of the land in California. I hope that DOMA suffers a similar fate.
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    Oct 30, 2012 5:35 PM GMT
    Oh boy, I'm pretty pumped for this.
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    Oct 30, 2012 6:09 PM GMT
    About time!
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    Oct 30, 2012 6:13 PM GMT
    I hope and pray this goes our way. *fingers crossed*
  • TheBizMan

    Posts: 4091

    Oct 31, 2012 7:56 PM GMT
    roadbikeRob saidI hope that the US Supreme Court kills that horrendous Proposition 8 dead and gay marriage becomes the law of the land in California. I hope that DOMA suffers a similar fate.


    It has bigger implications than that. It will make banning gay marriage unconstitutional across the nation because this would set the new precedent. Doesn't necessarily mean that states have to adopt gay marriage into their constitutions. But all of these bans on gay marriage in southern and mid-western states should go away.

    Edit: This is if the supreme court finds Prop 8 unconstitutional. But if they simply deny the review of prop 8, then gay married Californian citizens will go on being married in that state. And the above scenario would not happen.

    Similarly finding DOMA unconstitutional would mean that federally, marriage is not limited to man and woman. But it doesn't mean states have to allow gay marriage. It simply means that gays in other states that do allow marriage must be recognized federally in every state.

    Ultimately the power is left to the states, but if both of these are struck down, this would lay the ground work for greater acceptance of gay society and eventually every state adopting gay marriage. The religious fundamentals arguments of why marriage should be between one man and one woman will begin to look sillier and sillier until it just vanishes (and this is what they are afraid of icon_wink.gif ).
  • Posted by a hidden member.
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    Oct 31, 2012 10:30 PM GMT
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  • metta

    Posts: 39118

    Nov 02, 2012 6:03 AM GMT
    House GOP reacts on DOMA

    http://www.scotusblog.com/2012/11/house-gop-reacts-on-doma/
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    Nov 04, 2012 4:14 AM GMT
    Unfortunately the levels of intrigue within the Supreme Court on the decision on whether or not to grant cert in any particular case is really unfathomable . No one can really guess what the court is going to do in the cert application umtil they announce their decision.
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    Nov 04, 2012 4:30 AM GMT
    Seriously this is a big fucking deal because if Prop 8 is ruled unconstitutional, then many states would eventually have to overturn their marriage amendments, including ones that have it on the ballot this year (such as Amendment 1 in Minnesota). I hope that it rules in our favor.
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    Nov 04, 2012 4:46 AM GMT
    Bullwinklemoos saidSeriously this is a big fucking deal because if Prop 8 is ruled unconstitutional, then many states would eventually have to overturn their marriage amendments, including ones that have it on the ballot this year (such as Amendment 1 in Minnesota). I hope that it rules in our favor.


    Oh, there's no "eventually" about it, big guy. If Prop 8 is ruled unconstitutional, then all the other same-sex marriage bans in every other state go the way of the dodo simultaneously.

    Just like what happened to all sodomy laws nationwide after the SCOTUS ruled them unconstitutional in Lawrence v. Texas.
  • metta

    Posts: 39118

    Nov 11, 2012 8:37 PM GMT
    David Boies Predicts Supreme Court Will Overturn Gay Marriage Ban Prop. 8


    http://www.ontopmag.com/article.aspx?id=13521&MediaType=1&Category=26
  • Whipmagic

    Posts: 1481

    Nov 13, 2012 5:42 PM GMT
    metta8 saidDavid Boies Predicts Supreme Court Will Overturn Gay Marriage Ban Prop. 8


    http://www.ontopmag.com/article.aspx?id=13521&MediaType=1&Category=26


    The more I think about it, the less I believe that SCOTUS will hear the prop 8 case - which may just be as well, as marriages can resume in CA then right away. I can't imagine any good reason for them to hear this case, as it is very narrow and hardly sets a precedent for anything else, doesn't significantly extend previous precedents, nor is in ccontradiction with rulings from other circuits or previous SCOTUS precedents (one would hope).

    The 9th circuit ruling is narrowly based on the Romer case in Colorado, where they ruled that a group (gays in that case as well) cannot have their right to political participation encumbered by a referendum, just because they're unpopular. And in the prop 8 case, this ruling was applied to CA, meaning that the existing right to marry for all, as enacted by the legislature, cannot be taken away for some just because they hate us. Hardly new legal ground, certainly nothing that would compel SCOTUS to step in here.

    The standing issue was decided narrowly based on state law, and the 9th circuit left the article III question larely unadressed. SCOTUS could potentially find that an old Arizona case applies here and deny standing to the proponent, which would not change the outcome. This seems like the kind or arcana that only Scalia would love to me, not something anyone else would want to waste time with, and certainly not in such a high-profile case.

    Then, there is Baker v. Nelson, a one-sentence decision form 1971 stating that the denial of gay marriage poses no federal question. It is widely seen as obsolete, except maybe by Thomas, but if SCOTUS wants to do some house cleaning they could do so in this context. But dispensing with Baker is something they can do in the DOMA cases (which they essentially have to hear) as well.

    Then, of course, they could decide to expand Romer and rule that this kind of encumberance of a fundamental right can never be up for a vote, and with it invalidate all state marriage amendments. I don't think they're ready to do that, but of course one can hope.

    Any better thoughts on this from some sharp legal eagle?
  • shoelessj

    Posts: 511

    Nov 13, 2012 5:49 PM GMT
    TheBizMan said
    roadbikeRob saidI hope that the US Supreme Court kills that horrendous Proposition 8 dead and gay marriage becomes the law of the land in California. I hope that DOMA suffers a similar fate.


    It has bigger implications than that. It will make banning gay marriage unconstitutional across the nation because this would set the new precedent. Doesn't necessarily mean that states have to adopt gay marriage into their constitutions. But all of these bans on gay marriage in southern and mid-western states should go away.

    Edit: This is if the supreme court finds Prop 8 unconstitutional. But if they simply deny the review of prop 8, then gay married Californian citizens will go on being married in that state. And the above scenario would not happen.

    Similarly finding DOMA unconstitutional would mean that federally, marriage is not limited to man and woman. But it doesn't mean states have to allow gay marriage. It simply means that gays in other states that do allow marriage must be recognized federally in every state.

    Ultimately the power is left to the states, but if both of these are struck down, this would lay the ground work for greater acceptance of gay society and eventually every state adopting gay marriage. The religious fundamentals arguments of why marriage should be between one man and one woman will begin to look sillier and sillier until it just vanishes (and this is what they are afraid of icon_wink.gif ).


    Thanks for this explanation.
  • Whipmagic

    Posts: 1481

    Nov 13, 2012 5:57 PM GMT
    TheBizMan It has bigger implications than that. It will make banning gay marriage unconstitutional across the nation because this would set the new precedent. Doesn't necessarily mean that states have to adopt gay marriage into their constitutions. But all of these bans on gay marriage in southern and mid-western states should go away.

    Edit: This is if the supreme court finds Prop 8 unconstitutional. But if they simply deny the review of prop 8, then gay married Californian citizens will go on being married in that state. And the above scenario would not happen.



    This is only partially true. There are many ways the supreme court can find prop 8 unconstitutional, without striking down all the other marriage bans. The distinguishing feature in CA is that gays were already allowed to marry, and then that right was taken away by popular vote. That is not the case in any other state right now. So they could do exactly what the 9th circuit did, finding that taking the previously given right away because of sheer hate is unconstitutional, but leaving the other preemptive amendmends intact.
  • metta

    Posts: 39118

    Nov 13, 2012 6:08 PM GMT
    If I was on the court, I would want to take care of all of the related cases that are currently at that level together to make sure that all of the different legal issues on Prop 8 and DOMA work together.

    Now, here's to wishing that Scalia and Thomas retire today! icon_wink.gif
  • Whipmagic

    Posts: 1481

    Nov 13, 2012 6:19 PM GMT
    metta8 said
    Now, here's to wishing that Scalia and Thomas retire today! icon_wink.gif


    Or, as they say in church, may god open their eyes - or close them forever.
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    Nov 13, 2012 7:39 PM GMT
    The 'phobes will at least be able to salvage their Thanksgiving... delayed to November 30 now, as per AFER. That's cool, not a long wait.

    http://joemygod.blogspot.com/2012/11/breaking-supreme-court-pushes-back.html
  • metta

    Posts: 39118

    Nov 13, 2012 7:46 PM GMT
    New Date Set for Prop. 8 at the Supreme Court

    Nov 30th

    http://www.afer.org/blog/new-date-set-for-prop-8-at-the-supreme-court/


    Supreme Court Won't Consider Marriage Cases Until Nov. 30
    Ten-day delay is the second time the justices have delayed deciding whether it will hear cases challenging DOMA, Proposition 8 in the coming year.

    http://www.buzzfeed.com/chrisgeidner/supreme-court-wont-consider-marriage-cases-until
  • metta

    Posts: 39118

    Nov 14, 2012 7:16 AM GMT
    WE PETITION THE OBAMA ADMINISTRATION TO:
    Repeal the Defense of Marriage Act (DOMA)

    https://petitions.whitehouse.gov/petition/repeal-defense-marriage-act-doma/SyQNZXNM
  • metta

    Posts: 39118

    Nov 25, 2012 6:46 PM GMT
    Supreme Court decides this week whether to rule on gay marriage


    Timing will be at issue as the justices confer. In the past, the court has been faulted for waiting too long or moving too quickly on recognizing constitutional rights.

    http://www.latimes.com/news/nationworld/nation/la-na-court-gay-marriage-20121125,0,511659.story
  • metta

    Posts: 39118

    Nov 27, 2012 6:54 AM GMT
    The Supreme Court's 4 Most Likely Moves On Gay And Lesbian Couples' Marriage Rights

    On Friday, the Supreme Court is expected to decide whether it will be hearing cases about the Defense of Marriage Act and California's Proposition 8. Constitutional rights of same-sex couples hang in the balance.

    http://www.buzzfeed.com/chrisgeidner/the-supreme-courts-4-most-likely-moves-on-gay-and