quote:

ORIGINAL: tazzygirl

Not sure about Prop 8, but the DOMA case.... over 300K in taxes she would not have had to pay if the state had recognized her marriage isnt a standing?

quote:

ORIGINAL: dcnovice
Between Prop 8 yesterday and DOMA today, this has been the SCOTUS equivalent of "shark week."

quote:

ORIGINAL: tazzygirl

Sorry, I misread your previous post. But it does lead to another question. If DOMA isnt the law of the land, then what basis do states have to ban it, isnt that the basis for many states having done so?

quote:

ORIGINAL: DesideriScuri

You know, I understand the point of the "equal" sign. I understand what it means, too. But, isn't it strange that the symbol being used is two parallel lines. That is, two lines that will never intersect?

quote:

ORIGINAL: TheHeretic

Since Kelo,

quote:

ORIGINAL: DomKen

quote:

ORIGINAL: tazzygirl

Sorry, I misread your previous post. But it does lead to another question. If DOMA isnt the law of the land, then what basis do states have to ban it, isnt that the basis for many states having done so?

Each state determines marriage in that state. The Constitution requires that each state give full faith and credit to the official actions of the other states but allows Congress to pass laws detailing how that will be done. DOMA therefore is Congress legislating how each state will recognize the acts of other states.

quote:

ORIGINAL: FunCouple5280

I couldn't agree more DK. I know some will look at it as spineless move on the part of the SCOTUS, but sometimes they have a habit of letting the states sort out their own messes and staying out of the realm that could be construed as legislating from the bench (people will still claim it anywat). Besides with the shift in public opinion about gay marriage, I think the heat will really be on congress to actually codify this into law in the next decade or two.

In the end I would prefer them to write it into law. I don't want a Roe v Wade debate going on for the next 50yrs about gay marriage. Let's legislate it legality and put the issue to bed.

quote:

ORIGINAL: FunCouple5280

I couldn't agree more DK. I know some will look at it as spineless move on the part of the SCOTUS, but sometimes they have a habit of letting the states sort out their own messes and staying out of the realm that could be construed as legislating from the bench (people will still claim it anywat). Besides with the shift in public opinion about gay marriage, I think the heat will really be on congress to actually codify this into law in the next decade or two.

In the end I would prefer them to write it into law. I don't want a Roe v Wade debate going on for the next 50yrs about gay marriage. Let's legislate it legality and put the issue to bed.

quote:

ORIGINAL: SadistDave
I would guess that SCOTUS will gut DOMA because it is politically expedient, but stop short of making gay marriage legally recognized at the federal level.

quote:

ORIGINAL: SadistDave

The whole thing is a load of leftist bullshit and has nothing at all to do with equality. Marriage is not a constitutional right. It is a religious and/or legal contract. SCOTUS has no interest in the religious aspects, however, a government has every right to define what marriage is for legal purposes, just as it has the right to deny drivers licenses to blind people or to deny citizenship to criminal immigrants. In fact, part of the job of the government is to define legal statuses and decide who pays fines, fees, or taxes based on their legal statuses. That's rather a big part of what governments do actually...

Gays have the same right to marry as straights. As far as the federal government is concerned, they have the right to marry someone of the opposite sex, just like everyone else. That right has never been denied them. They may enter into this federally recognised contract at any time they wish to. They simply choooooooose not to marry someone of the opposite sex. In spite of the fact that they are exactly equal under the law as heterosexuals; their entire argument hinges soley on the fact that they just don't want enter into a legal contract with someone of the opposite sex, but they want the same benefits of those who do.

I would guess that SCOTUS will gut DOMA because it is politically expedient, but stop short of making gay marriage legally recognized at the federal level.

-SD-