LGBT
Related: About this forumThe SCOTUS punted, right?
Makes marriage legal again in California, but says nothing about the other states...they apparently weren't ready...which is good in that it won't stop the momentum in the blue states..that's my take.
William769
(55,146 posts)Just challenge it in court in that State and it will go bye bye. Striking down DOMA because of equal protection it's a done deal.
Federal trumps State.
Lex
(34,108 posts)so they couldn't have ruled on that question anyway. But as David Boies said, that particular question will be before them very soon.
Just like the VRA, they clearly deferred power to each state
the SCOTUS is going all Federalist on us
Response to BP2 (Reply #5)
Lex This message was self-deleted by its author.
DURHAM D
(32,609 posts)The Supremes basically said go home and leave us alone.
joeybee12
(56,177 posts)of expected, a relief, but not surprising...they could have made a sweeping ruling, but chose not to.
last1standing
(11,709 posts)But the practical effect was merely to delay the inevitable. The major ruling today was Windsor which formalized the standard of review for sexual orientation cases as strict scrutiny. This means that the state attempting to uphold such a discriminatory law will need to show that it is using the least intrusive method of furthering a legitimate governmental interest. That's a pretty high bar.
joeybee12
(56,177 posts)in their ruling...
Evasporque
(2,133 posts)So states with bans on the books will have to wait for a AG and Gov who will not defend the ban...and thus they will be immediately overturned on equal protection clause thanks to DOMA and Prop8 Ninth circuit ruling. Basically this is another SCOTUS business friendly ruling. It drags out marriage in the courts in each state with a ban and will keep many legal people in $$ for many years to come.
lots of attorneys are happy today ...
At least in my state, NH, Equal rights has been upheld. No chance of being repealed.
joeybee12
(56,177 posts)repeal the law making marriage only betwen a man and a woman...and it's got some momentum.
bunnies
(15,859 posts)Why are some people so hell bent on keeping other people down? Im trying to hard to be happy about today, I guess its easier living in New England. But when I think about the other states STILL determined to discriminate... It really friggin pisses me off.
TrogL
(32,822 posts)PoliticAverse
(26,366 posts)marginlized
(357 posts)SCOTUS clearly repudiated any notion of standing. Was this only because the Ca AG refused to defend it, or was there a further recognition that arguments against marriage equality hold no water? Could this be a precedent?