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Thread: DOMA

  1. #1
    Coachella Junkie
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    Default DOMA

    Alright lawyers. Who is following this? Since the DOJ are no longer defending cases against DOMA, the GOP have decided to appeal the latest unconstitutionality ruling to the CA 9th.

    http://hotair.com/archives/2012/02/2...ge-act-ruling/

    Aren't they basically ensuring that the decision will become precedent with this action? Is this an act of stupidity or just the only path available to SCOTUS?

  2. #2
    Peaceful Oasis TomAz's Avatar
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    Default Re: DOMA

    Rights don't matter so long as everyone has a job. Well at least not gay rights. And not everyone, just most people. Let's lower the minimum wage.
    Quote Originally Posted by efrain44 View Post
    Anyone know who the guy in the Cardinals jersey is? I've seen him in pictures on the board and I thought I saw him this year.

  3. #3
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    Default Re: DOMA

    Rick?

  4. #4
    Peaceful Oasis TomAz's Avatar
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    Default Re: DOMA

    You should thank the pope your mother didnt' use birth control.
    Quote Originally Posted by efrain44 View Post
    Anyone know who the guy in the Cardinals jersey is? I've seen him in pictures on the board and I thought I saw him this year.

  5. #5
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: DOMA

    Two reasons. First, this is almost certainly going to end up in the Supreme Court. It's a federal statute, and there is litigation in a number of Circuits. Unlike the gay marriage cases, the individual victories and losses aren't as important because the long game will all be in front of the Justices. So if they get a Ninth Circuit precedent that's bad for their side, it won't ultimately matter that much (and indeed could theoretically help them given the Supreme Court's history of overturning controversial liberal opinions out of the Ninth). Second, an unfavorable district court decision is still a bad precedent for their side, so the appeal puts them in no worse of a position procedurally than they already are. If they don't appeal, they'll be left defending a slew of new lawsuits in district court.
    Quote Originally Posted by canexplain View Post
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  6. #6
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    I guess I misunderstood. I thought that the Golinski ruling would not be precedential and would only apply within that district unless and until sent up to circuit court. Pretty obvious how the 9th will rule so I guess it's a date with SCOTUS some time in 2047.

  7. #7
    Coachella Junkie weeklymix's Avatar
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    Default Re: DOMA

    In 2047 John Roberts could still be Chief Justice.

  8. #8
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    Default Re: DOMA


  9. #9
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: DOMA

    You're right, Pot: it's not binding precedent. But it would be a persuasive non-binding precedent within the Circuit, and one strengthened, at least rhetorically, by the lack of appeal.
    Quote Originally Posted by canexplain View Post
    To you guys I say Wat?????????? Off to ?????? ....... cr****
    Quote Originally Posted by TomAz View Post
    It's hard to argue with that.

  10. #10
    Coachella Junkie malcolmjamalawesome's Avatar
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    Default Re: DOMA

    And secondary sources
    Quote Originally Posted by ruetheday View Post
    I don't fucking care. I don't even know who the hell Dave Wang is.
    Quote Originally Posted by Devin the Dude View Post
    you used to be that guy that just Dave Wang's everybody. that guy. he's gone now, and whoever you really are showed up, and that was utter disappointment.

  11. #11
    Old Gay Guy gaypalmsprings's Avatar
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    Default Re: DOMA




    Quote Originally Posted by SepaGroove View Post
    You shouldn't feel uncool for not going to EDC, you should feel uncool because you are uncool.

  12. #12
    Rover canexplain's Avatar
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    Default Re: DOMA

    Here's a big yea for GPS and our other friends. Told you, you are not special, you are just like us lolz ... cr****
    Have Another Hit Of Colorado Sunshine

  13. #13
    Gummi bear sultan miscorrections's Avatar
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    Default Re: DOMA

    Fucking finally. And fucking finally for Prop 8 being dismissed too.

    If only the SCOTUS hadn't struck down section 4 of the VRA it would've been a series of monumentally great decisions.
    Quote Originally Posted by bmack86 View Post
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  14. #14
    Coachella Junkie heart cooks brain's Avatar
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    Default Re: DOMA

    prop 8 wasn't struck down, they declined to rule on it.
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  15. #15
    Coachella Junkie heart cooks brain's Avatar
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    Default Re: DOMA

    as it stands now a state can still define marriage as they like, but the federal government will honor any marriage that a state deems legal.
    Quote Originally Posted by canexplain View Post
    If moles had subways, molestation wouldn't be one of the creepiest words there is ....
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  16. #16
    Gummi bear sultan miscorrections's Avatar
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    Default Re: DOMA

    I know. I said it was dismissed.
    Quote Originally Posted by bmack86 View Post
    Has anyone gone on a date with a sandwich recently? What base did you get to? Ham?

  17. #17
    Coachella Junkie heart cooks brain's Avatar
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    Default Re: DOMA

    i guess i don't get why that's something to be exicited about?
    Quote Originally Posted by canexplain View Post
    If moles had subways, molestation wouldn't be one of the creepiest words there is ....
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  18. #18
    Gummi bear sultan miscorrections's Avatar
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    Default Re: DOMA

    Because it re-validates the marriages that occurred in California in that brief window when they were legal.
    Quote Originally Posted by bmack86 View Post
    Has anyone gone on a date with a sandwich recently? What base did you get to? Ham?

  19. #19
    Coachella Junkie nathanfairchild's Avatar
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    Default Re: DOMA

    does that only last until they vote on it again?
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  20. #20
    Gummi bear sultan miscorrections's Avatar
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    Default Re: DOMA

    It looks like CA might get back gay marriage in general, although I'm not totally sure based on the wording of the decision.
    Quote Originally Posted by bmack86 View Post
    Has anyone gone on a date with a sandwich recently? What base did you get to? Ham?

  21. #21
    ankle biter guedita's Avatar
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    Default Re: DOMA

    Quote Originally Posted by miscorrections View Post
    It looks like CA might get back gay marriage in general, although I'm not totally sure based on the wording of the decision.
    It remains to be seen whether or not this means that only the 2 marriages being contested in the trial will get their marriage recognized as legal, because it wasn't a class action lawsuit.

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  22. #22
    Gummi bear sultan miscorrections's Avatar
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    Default Re: DOMA

    Yeah, it's kind of unclear right now. Either way: those two couples are definitively married.
    Quote Originally Posted by bmack86 View Post
    Has anyone gone on a date with a sandwich recently? What base did you get to? Ham?

  23. #23
    ankle biter guedita's Avatar
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    Default Re: DOMA

    I heard commentators on NPR saying that the likeliest scenario is that this will be returned to the lower courts in CA for appeal and that the original Walker decision on the case will stand, paving the way for the legalization of CA marriage in the states by the end of July.

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  24. #24
    Gummi bear sultan miscorrections's Avatar
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    Default Re: DOMA

    Well, I hope that's how it shakes out!
    Quote Originally Posted by bmack86 View Post
    Has anyone gone on a date with a sandwich recently? What base did you get to? Ham?

  25. #25
    Coachella Junkie heart cooks brain's Avatar
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    Default Re: DOMA

    Quote Originally Posted by miscorrections View Post
    Because it re-validates the marriages that occurred in California in that brief window when they were legal.
    ok that's groovy. thanks for the info.
    Quote Originally Posted by canexplain View Post
    If moles had subways, molestation wouldn't be one of the creepiest words there is ....
    Quote Originally Posted by canexplain View Post
    Eat don't chat ...When I figure out what windlowless is, I'll respond .
    i hear voices in my head and they keep caaaaallin' me

  26. #26
    Dark Lord mountmccabe's Avatar
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    Default Re: DOMA

    The Prop 8 decision is a very strange one and I find it heartening that Sotomayor dissented. To be clear the dissent appears to just be yeah, we have standing and should decide the case (without any further talk of what that decision would be).
    Quote Originally Posted by SoulDischarge View Post
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  27. #27
    Coachella Junkie heart cooks brain's Avatar
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    Default Re: DOMA

    Scalia's dissent on the DOMA case is epic.
    Quote Originally Posted by canexplain View Post
    If moles had subways, molestation wouldn't be one of the creepiest words there is ....
    Quote Originally Posted by canexplain View Post
    Eat don't chat ...When I figure out what windlowless is, I'll respond .
    i hear voices in my head and they keep caaaaallin' me

  28. #28
    Dark Lord mountmccabe's Avatar
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    Default Re: DOMA

    Oh, hey

    Governor Edmund G. Brown issued the following statement on the United States Supreme Court ruling on Proposition 8 (Hollingsworth v. Perry):

    “After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California. In light of the decision, I have directed the California Department of Public Health to advise the state’s counties that they must begin issuing marriage licenses to same-sex couples in California as soon as the Ninth Circuit confirms the stay is lifted,” Brown said.
    Better source: actual press release from the Office of Governor
    Last edited by mountmccabe; 06-26-2013 at 09:37 AM. Reason: better source link
    Quote Originally Posted by SoulDischarge View Post
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  29. #29
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: DOMA

    My understanding is that the Ninth Circuit won't get the official remand from SCOTUS until some time in late July. Then it, in turn, will have to send the case back down to district court which will then be able to life the stay on gay marriages in California.
    Quote Originally Posted by canexplain View Post
    To you guys I say Wat?????????? Off to ?????? ....... cr****
    Quote Originally Posted by TomAz View Post
    It's hard to argue with that.

  30. #30
    Pedley Rocks JustSteve's Avatar
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    Default Re: DOMA

    Great that the decision went the way it did, but why was the vote 5-4? Should not have been that close.

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