DOMA ruled unconstitutional!

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It finally happened! DOMA is unconstitutional!

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Yay! ^_^

Extravagance's picture

Does this mean we're gonna see wedding cakes with two women or two men on top? = )

Catfolk Pride.PNG

Well... almost

Denise and I actually had a pair of girl rubber ducks with matching veils.

But this is about DOMA and not so much about Prop 8. Prop 8 outlawed gay marriage in California after we were married. Unlike in other states (we have friends from Oregon who were sent a refund along with the cancellation of their marriage certificate), our marriage is still legal in CA.

DOMA is the federal denial of marriage rights to same sex partners. In our specific case, we pay a 'penalty' in income tax because we can not file as a married couple. But then all they said was that marriage was between a man and a woman. Not too clear on their definitions beyond that.

Another impact with DOMA being overturned is the opening of the door to forcing acceptance of 'gay' marriages in states that do not allow it. This harkens back to the time when inter-racial marriage was legal in most northern states and illegal in most southern states.

Unfortunately, it's not going to resolve soon and it likely to continue to be very messy.

Still, it's an important milestone and needs mention.

Janet

Mistress of the Guild of Evil [Strawberry] Blonde Proofreaders
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To be or not to be... ask Schrodinger's cat.

Second time actually

erin's picture

The First Appeals court ruled against DOMA previously, but this ruling went further, essentially saying that courts must assume that discrimination by government against gays is unconstitutional.

Hugs,
Erin

= Give everyone the benefit of the doubt because certainty is a fragile thing that can be shattered by one overlooked fact.

Limited Applicability to DOMA ruling.

The ruling has limited applicability to the States covered by the 2nd Circuit. Eventually, this will go to the Supeme Court. There are several parts to the Law. One part concerns Federal Laws and federal government employment. The other parts deals with full faith and credit, and recognition by other states of the laws and rules of another state. For example, does Florida, which outlaws same sex marriage, have to recognize, a N.Y. Same sex marriage. It is possible the Supreme Court could rule part of the Law unconstitutional, and the othe part constitutional.

If the S. Ct. Overturns the entire law, it's possible, that it could result in an attempt to amend the Constitution through a Constitutional Convention. That could be scary. It could lead to outlawing Roe v Wade, and making all same sex marriage, illegal.

Rami

RAMI

Never understood ...

... why there is such opposition to gay marriage. It's not as though it's compulsory, if it were, then I, as a very married heterosexual (47 years and counting :) ), would strongly object, too. As it is, I don't see how the actions of others in this respect affect me in the slightest.

I suppose the objections are religious and, as I'll never understand that either, I'll never understand the fears the religious seem to have.

Robi

Don't you get it?!

If Gay people get married then the universe will fall apart, the God/s will fall from Heaven and your ancestors will fall from Heaven into Hell!!!! ;-P

But seriously doesn't the real reason some give sound similar to the necessity of the Fire sacrifice in the Vedic religion?

Call me when . . . .

The Supremes sing. 'Till then, don't mean nothing.

BTW, don't need a constitutional convention to pass an amendment, do need both the House and Senate to cooperate. Don't hold your breath.


"Life is not measured by the breaths you take, but by the moments that take your breath away.”
George Carlin

Amending constitution.

There are two methods to Amend the Constitution. One starts with Congess and then goes to the States. The other through a Constitutional Convention, starts with the States. This has never happened.

Rami

RAMI

Gay Marriage

So gay marriages what's the big deal some of those gay marriages last longer then straight marriages.In my family we have a gay marriage that is about 25 years and counting they met in high school and have been together since both being in thier early 40's now
My other cousin who is gay never married and never brought a boyfriend to a family function without asking first and it is his life and he is happy.His sister in law treats him like he is a leper her loss because nobody like her anyway
ENOUGH OF THAT Hugs everybody -- Richie2

hoping australia pay attention.

I'm post op and still married, i won't divorce my wife because i know i'd lose far to many rights and priviledges if i did so, (plus we don't wantr to).

the Australian government have offered to consider civil ceremony's, and changing the law so that same sex couples get similar rights is a joke, the only way to ensure all rights and priviledges is to let then get married.

eventually someone will get burned with the words, "well you would have had the right if you were married, but your civil ceremony isn't quite the same".

Not Yet

Only three of the ten federal districts ruled that DOMA is unconstitutional. Unless the Supreme Court rules the same the ruling by the three courts (New England, New York and West Coast) DOMA is only unconstitutional in these areas.

shalimar