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Thread: DOMA

  1. #31
    ankle biter guedita's Avatar
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    Default Re: DOMA

    Quote Originally Posted by Miroir Noir View Post
    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.
    Because there's 25 days to file an appeal, right?

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  2. #32
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: DOMA

    Yeah, 25 days to file a motion for "rehearing": http://www.law.cornell.edu/rules/supct/rule_44

    Which the Court virtually never grants.
    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.

  3. #33
    Coachella Junkie Miroir Noir's Avatar
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    Default Re: DOMA

    Quote Originally Posted by JustSteve View Post
    Great that the decision went the way it did, but why was the vote 5-4? Should not have been that close.
    The Court decided the case on a procedural issue that had almost nothing to do with gay marriage itself. The original trial court decision that overturned Prop 8 is being upheld on the technicality that the parties who attempted to appeal it lacked the legal right or standing to bring the appeal. The Supreme Court's decision scrambled the normal ideological divisions on the issue; personally I believe Prop 8 is unconstitutional, but I also think the Court's decision to deny standing to Prop 8 opponents was incorrect.
    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.

  4. #34
    Dark Lord mountmccabe's Avatar
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    Default Re: DOMA

    I dissent. I refer the court to the title of the thread, "DOMA" (PotVsKtl ~52358, 2012). My reading was that JustSteve's question/comment was in regards to Windsor, not Perry and as such the reading given by the esteemed Mr. Noir is not germane. Kennedy, et. al ruled that Section 3 of DOMA was unconstitutional due to the Due Process clause of the Fifth Amendment. Roberts, Scalia and Alito all filed dissenting opinions, Roberts saying the Court has no standing to decide the issue, Scalia argued that the Court cannot override Congress, Alito argues that since the Constitution doesn't specifically guarantee the right to same-sex marriage then there is no right. Thomas agreed with Scalia and most of Alito's opinions.

    So, it was not closer because reasons.


    [note that I have no idea what I'm talking about and haven't read any of the full opinions]
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  5. #35
    Rover canexplain's Avatar
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    Default Re: DOMA

    I agree with MM not knowing exactly what was decided but then the best lawyers in the US aren't sure. Speaking of cases: Is anyone watching the live Trayvon Martin trial. It's pretty interesting for peeps like me that like that kind of stuff... cr****
    Have Another Hit Of Colorado Sunshine

  6. #36
    old school RageAgainstTheAoki's Avatar
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    Default Re: DOMA

    Quote Originally Posted by mountmccabe View Post
    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).

    Glad you brought this up. While I agree it's strange, it doesn't seem that unexpected given what transpired in the oral arguments. Multiple justices questioned whether the case should even be heard - Sotomayor included, I believe. Undoubtedly, a day to celebrate, but the Prop 8 ruling does raise a lot of questions. I do wonder how this ruling will impact future voter initiatives. Does it effectively weaken the voter proposition process? Does it impact other states' voter initiative/proposition systems? While any reasonably evolved person will cheer the all but certain outcome of today's decision, it does make one think about future impact.

    With these two narrow rulings it looks like the battle for full nation-wide equality goes back to the states.

    Well, WeHo should be fun tonight!

  7. #37
    Rover canexplain's Avatar
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    Default Re: DOMA

    Lolz, the judge just said "You cannot object to your own ?" hahahahah ... cr****
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  8. #38
    Rover canexplain's Avatar
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    Default Re: DOMA

    OK so not even close to the same but: One day, you turkeys in other states will be MJ legal .. cr****
    Have Another Hit Of Colorado Sunshine

  9. #39
    whiney pain in butt
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    Default Re: DOMA

    *suppressed* though i still agree with the pic

  10. #40
    Gummi bear sultan miscorrections's Avatar
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    Default Re: DOMA

    Quote Originally Posted by canexplain View Post
    OK so not even close to the same but: One day, you turkeys in other states will be MJ legal .. cr****
    Ron, there's a thread for marijuana legalization.
    Quote Originally Posted by bmack86 View Post
    Has anyone gone on a date with a sandwich recently? What base did you get to? Ham?

  11. #41
    Gummi bear sultan miscorrections's Avatar
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    Default Re: DOMA

    I'm sure pointing that out to you is both fruitless and bootless, but the power of Christ compels me.
    Quote Originally Posted by bmack86 View Post
    Has anyone gone on a date with a sandwich recently? What base did you get to? Ham?

  12. #42
    Rover canexplain's Avatar
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    Default Re: DOMA

    Quote Originally Posted by miscorrections View Post
    Ron, there's a thread for marijuana legalization.
    OK sure Miss C. Just a good day for a bunch of people ... cr****
    Have Another Hit Of Colorado Sunshine

  13. #43
    Member Baby Sandwich's Avatar
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    Default Re: DOMA


  14. #44
    Rover canexplain's Avatar
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    Default Re: DOMA

    If 51% of the voters always won, I would hate to think of the state the US would be in (as messed up as it is anyway). cr****
    Have Another Hit Of Colorado Sunshine

  15. #45
    old school unit300021's Avatar
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    Default Re: DOMA

    Well gay marriage is allowed immediately now. Both of the spear heading couples are officially hitched and they even aired one of them on MSNBC. Gay marriage, just as boring to watch as Heterosexual marriage. But great night though for gays.
    Quote Originally Posted by Drinkey McDrinkerstein View Post
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  16. #46
    Coachella Junkie heart cooks brain's Avatar
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    Default Re: DOMA

    Quote Originally Posted by Baby Sandwich View Post
    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
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