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William769

(55,146 posts)
1. My understanding is no repeals will be needed.
Wed Jun 26, 2013, 11:01 AM
Jun 2013

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)
2. Making marriage legal in all states wasn't before the court
Wed Jun 26, 2013, 11:01 AM
Jun 2013

so they couldn't have ruled on that question anyway. But as David Boies said, that particular question will be before them very soon.

BP2

(554 posts)
5. I disagree
Wed Jun 26, 2013, 11:06 AM
Jun 2013

Just like the VRA, they clearly deferred power to each state

the SCOTUS is going all Federalist on us

Response to BP2 (Reply #5)

 

joeybee12

(56,177 posts)
12. They sort of said that during the oral arguments...so today was sort
Wed Jun 26, 2013, 05:17 PM
Jun 2013

of expected, a relief, but not surprising...they could have made a sweeping ruling, but chose not to.

last1standing

(11,709 posts)
3. Yes the punted.
Wed Jun 26, 2013, 11:05 AM
Jun 2013

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.

Evasporque

(2,133 posts)
4. They basically said Joe Blow Hater can't defend stupid state laws...
Wed Jun 26, 2013, 11:06 AM
Jun 2013

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.

 

bunnies

(15,859 posts)
8. old map.
Wed Jun 26, 2013, 11:12 AM
Jun 2013

At least in my state, NH, Equal rights has been upheld. No chance of being repealed.

 

joeybee12

(56,177 posts)
14. And in MN the amendment was rejected, and in NV, they're trying to
Wed Jun 26, 2013, 05:18 PM
Jun 2013

repeal the law making marriage only betwen a man and a woman...and it's got some momentum.

 

bunnies

(15,859 posts)
15. Oh, ffs.
Wed Jun 26, 2013, 05:22 PM
Jun 2013

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.

marginlized

(357 posts)
16. Yes Prop 8 was a punt, but isn't that good news?
Wed Jun 26, 2013, 05:52 PM
Jun 2013

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?

Latest Discussions»Alliance Forums»LGBT»The SCOTUS punted, right?