Defense of Marriage Act Struck Down as Unconstitutional (5-4)

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deactivated-5b78379493e12

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#1 deactivated-5b78379493e12
Member since 2005 • 15625 Posts

This is breaking news now, I'll post a newslink when I have a good one.

http://www.scotusblog.com

Edit:

http://nbcpolitics.nbcnews.com/_news/2013/06/26/19151971-supreme-court-strikes-down-defense-of-marriage-act?lite

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UCF_Knight

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#2 UCF_Knight
Member since 2010 • 6863 Posts
Great, now we all have to get gay married ffs
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JML897

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#3 JML897
Member since 2004 • 33134 Posts
Well...obviously
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#4 frannkzappa
Member since 2012 • 3003 Posts

another victory of fed over state.

this i like.

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#5 DJ-Lafleur
Member since 2007 • 35604 Posts

About time.

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Boston_Boyy

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#6 Boston_Boyy
Member since 2008 • 4103 Posts

I'm more concerned that 4 justices honestly believed that it was okay in the first place, and I find myself often agreeing with the 4 who voted that way too.

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DroidPhysX

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#7 DroidPhysX
Member since 2010 • 17098 Posts
John Roberts is trying hard to be the next Roger Taney.
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#8 Boston_Boyy
Member since 2008 • 4103 Posts

another victory of fed over state.

 

 

this i like.

frannkzappa

Isn't it actually the opposite?  This decision, as far as I can tell, means that the states that currently allow same-sex marriage have forced the feds to recognize all marriages within their state.

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#9 ghoklebutter
Member since 2007 • 19327 Posts
Yay!
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#10 DroidPhysX
Member since 2010 • 17098 Posts

I'm more concerned that 4 justices honestly believed that it was okay in the first place, and I find myself often agreeing with the 4 who voted that way too.

Boston_Boyy
That's b/c judicial conservatives mostly favor government over citizen.
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#11 KC_Hokie
Member since 2006 • 16099 Posts
Nope. Only part of it which makes it one of the more bizarre decisions ever.
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Serraph105

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#12 Serraph105
Member since 2007 • 36092 Posts

Any day where the courts rule in favor of equality is a good day.

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#13 Fightingfan
Member since 2010 • 38011 Posts
What about polygamy?
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#14 Legolas_Katarn
Member since 2003 • 15556 Posts

Any day where the courts rule in favor of equality is a good day.

Serraph105
^
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#15 ghoklebutter
Member since 2007 • 19327 Posts
My dad's going to be so pissed off when he listens to the radio this morning. :smw:
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#16 DroidPhysX
Member since 2010 • 17098 Posts
My dad's going to be so pissed off when he listens to the radio this morning. :smw:ghoklebutter
rofl
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Allicrombie

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#17 Allicrombie
Member since 2005 • 26223 Posts

Any day where the courts rule in favor of equality is a good day.

Serraph105
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#18 Ring_of_fire
Member since 2003 • 15880 Posts
Good news. Hopefully they don't screw it up with a shitty Prop 8 ruling
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#19 DroidPhysX
Member since 2010 • 17098 Posts
Good news. Hopefully they don't screw it up with a shitty Prop 8 rulingRing_of_fire
too late, bro.
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#20 lostrib
Member since 2009 • 49999 Posts

A real come from behind victory

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#21 junglist101
Member since 2007 • 5517 Posts

As a straight dude I got goose bumps when I read the news minutes ago.  

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#22 UCF_Knight
Member since 2010 • 6863 Posts

A real come from behind victory

lostrib
lmao
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#23 KC_Hokie
Member since 2006 • 16099 Posts
Both decisions today were mixed and didn't rule on the Constitutionality of gay marriage. States can still ban it is the outcome.
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deactivated-5b78379493e12

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#24 deactivated-5b78379493e12
Member since 2005 • 15625 Posts

SCOTUS declines to take Prop 8 case, meaning gay marriage is legal again in CA, but that doesn't provide anything more to discussion. More of a punt from the SCOTUS.

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#25 KC_Hokie
Member since 2006 • 16099 Posts

SCOTUS declines to take Prop 8 case, meaning gay marriage is legal again in CA, but that doesn't provide anything more to discussion. More of a punt from the SCOTUS.

jimkabrhel

Yup on both cases too. They only struck down section 3 of DOMA and punted Prop 8 back to California with no ruling on the issue nationally.

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#26 lostrib
Member since 2009 • 49999 Posts

SCOTUS declines to take Prop 8 case, meaning gay marriage is legal again in CA, but that doesn't provide anything more to discussion. More of a punt from the SCOTUS.

jimkabrhel

Okay, for some reason not a lot of prop 8 news is popping up on google yet.  So they declined the case, which basically upholds the previous ruling that Prop 8 is unconstitutional? Thus, gay marriage is legal in California or at least not defined as a man and a woman

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#27 frannkzappa
Member since 2012 • 3003 Posts

Both decisions today were mixed and didn't rule on the Constitutionality of gay marriage. States can still ban it is the outcome.KC_Hokie

in this case i rescind my previous statement.

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#28 Boston_Boyy
Member since 2008 • 4103 Posts

[QUOTE="jimkabrhel"]

SCOTUS declines to take Prop 8 case, meaning gay marriage is legal again in CA, but that doesn't provide anything more to discussion. More of a punt from the SCOTUS.

lostrib

Okay, for some reason not a lot of prop 8 news is popping up on google yet.  So they declined the case, which basically upholds the previous ruling that Prop 8 is unconstitutional? Thus, gay marriage is legal in California or at least not defined as a man and a woman

Yes.  The case was appealed to the Supreme Court by same-sex marriage opponents after the lower courts ruled that Prop 8 was unconstitutional, by refusing to take the case that ruling is upheld.

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#29 KC_Hokie
Member since 2006 • 16099 Posts

[QUOTE="lostrib"]

[QUOTE="jimkabrhel"]

SCOTUS declines to take Prop 8 case, meaning gay marriage is legal again in CA, but that doesn't provide anything more to discussion. More of a punt from the SCOTUS.

Boston_Boyy

Okay, for some reason not a lot of prop 8 news is popping up on google yet.  So they declined the case, which basically upholds the previous ruling that Prop 8 is unconstitutional? Thus, gay marriage is legal in California or at least not defined as a man and a woman

Yes.  The case was appealed to the Supreme Court by same-sex marriage opponents after the lower courts ruled that Prop 8 was unconstitutional, by refusing to take the case that ruling is upheld.

Yup. But it only applies to California. A lot of people were expecting a broader ruling on the issue of gay marriage.
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#30 DroidPhysX
Member since 2010 • 17098 Posts
A lot of people were expecting a broader ruling on the issue of gay marriage.KC_Hokie
hahahahaha
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#31 KC_Hokie
Member since 2006 • 16099 Posts
[QUOTE="KC_Hokie"] A lot of people were expecting a broader ruling on the issue of gay marriage.DroidPhysX
hahahahaha

Yea...people for years were expecting a ruling on the Constitutionality of gay marriage. They punted on both cases.
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#32 DroidPhysX
Member since 2010 • 17098 Posts
[QUOTE="DroidPhysX"][QUOTE="KC_Hokie"] A lot of people were expecting a broader ruling on the issue of gay marriage.KC_Hokie
hahahahaha

Yea...people for years were expecting a ruling on the Constitutionality of gay marriage. They punted on both cases.

hahahahahah, no they weren't. People knew this was going to be a narrow ruling for years. More so even after how the ninth circuit didn't issue a broad ruling themselves.
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#33 theone86
Member since 2003 • 22669 Posts

SCOTUS declines to take Prop 8 case, meaning gay marriage is legal again in CA, but that doesn't provide anything more to discussion. More of a punt from the SCOTUS.

jimkabrhel

Yes, but doesn't the language they're using seem to indicate bans on gay marriage are unconstitutional?  Phrases like "depriving them of personhood," and "right to equal liberty protected under the fifth amendment."  When you phrase it like that I really don't see how that isn't applicable to the entire nation.

Also, props to Kennedy for coming down on the right side.  And Scalia being a tremendous douche as usual.

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#34 KC_Hokie
Member since 2006 • 16099 Posts

[QUOTE="KC_Hokie"][QUOTE="DroidPhysX"] hahahahahaDroidPhysX
Yea...people for years were expecting a ruling on the Constitutionality of gay marriage. They punted on both cases.

hahahahahah, no they weren't. People knew this was going to be a narrow ruling for years. More so even after how the ninth circuit didn't issue a broad ruling themselves.

Hunh? With these two cases a lot of gay marriage activists were expecting a final ruling on the Constitutionality of gay marriage which would apply nation-wide.

In the end both were mixed decisions punting the issue back to the states.

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#35 DroidPhysX
Member since 2010 • 17098 Posts

[QUOTE="DroidPhysX"][QUOTE="KC_Hokie"]Yea...people for years were expecting a ruling on the Constitutionality of gay marriage. They punted on both cases.KC_Hokie

hahahahahah, no they weren't. People knew this was going to be a narrow ruling for years. More so even after how the ninth circuit didn't issue a broad ruling themselves.

Hunh? With these two cases a lot of gay marriage activists were expecting a final ruling on the Constitutionality of gay marriage which would apply nation-wide.

In the end both were mixed decisions punting the issue back to the states.

>a lot of people >a lot of gay marriage activists pls stop flopping
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#37 Serraph105
Member since 2007 • 36092 Posts

[QUOTE="KC_Hokie"]Both decisions today were mixed and didn't rule on the Constitutionality of gay marriage. States can still ban it is the outcome.frannkzappa

in this case i rescind my previous statement.

still though between this, the DOMA ruling, and the momentary victory in Texas I may have to do the bad thing and tune into Fox News.

Is it too soon to predict this sort of thing?

images?q=tbn:ANd9GcRbeDU7Y2Ogk5dChv5vlJx

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#38 lostrib
Member since 2009 • 49999 Posts

[QUOTE="jimkabrhel"]

SCOTUS declines to take Prop 8 case, meaning gay marriage is legal again in CA, but that doesn't provide anything more to discussion. More of a punt from the SCOTUS.

theone86

Yes, but doesn't the language they're using seem to indicate bans on gay marriage are unconstitutional?  Phrases like "depriving them of personhood," and "right to equal liberty protected under the fifth amendment."  When you phrase it like that I really don't see how that isn't applicable to the entire nation.

Also, props to Kennedy for coming down on the right side.  And Scalia being a tremendous douche as usual.

the prop 8 ruling dismissed the case and vacated the appeal to the Ninth Circuit Court (federal), meaning the CA district court (state) ruling is upheld

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#39 frannkzappa
Member since 2012 • 3003 Posts

You mean we can not restrict the rights of a minority in the land of the free? SHOCKING .:P

roulettethedog

nope, still can,

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deactivated-5c8e4e07d5510

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#40 deactivated-5c8e4e07d5510
Member since 2007 • 17401 Posts
I can't wait for Scalia to go away.
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deactivated-5b78379493e12

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#41 deactivated-5b78379493e12
Member since 2005 • 15625 Posts

[QUOTE="frannkzappa"]

[QUOTE="KC_Hokie"]Both decisions today were mixed and didn't rule on the Constitutionality of gay marriage. States can still ban it is the outcome.Serraph105

in this case i rescind my previous statement.

still though between this, the DOMA ruling, and the momentary victory in Texas I may have to do the bad thing and tune into Fox News.

Is it too soon to predict this sort of thing?

images?q=tbn:ANd9GcRbeDU7Y2Ogk5dChv5vlJx

Crying about liberal, activist judges or some shit, probably.

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#42 KC_Hokie
Member since 2006 • 16099 Posts

[QUOTE="KC_Hokie"]

[QUOTE="DroidPhysX"] hahahahahah, no they weren't. People knew this was going to be a narrow ruling for years. More so even after how the ninth circuit didn't issue a broad ruling themselves.DroidPhysX

Hunh? With these two cases a lot of gay marriage activists were expecting a final ruling on the Constitutionality of gay marriage which would apply nation-wide.

In the end both were mixed decisions punting the issue back to the states.

>a lot of people >a lot of gay marriage activists pls stop flopping

Whatever. A lot of people said "wait until the Supreme Court rules on these issues for a final outcome on the Constitutionality of gay marriage".

Didn't happen.

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#43 DroidPhysX
Member since 2010 • 17098 Posts

[QUOTE="DroidPhysX"][QUOTE="KC_Hokie"]Hunh? With these two cases a lot of gay marriage activists were expecting a final ruling on the Constitutionality of gay marriage which would apply nation-wide.

In the end both were mixed decisions punting the issue back to the states.

KC_Hokie

>a lot of people >a lot of gay marriage activists pls stop flopping

Whatever. A lot of people said "wait until the Supreme Court rules on these issues for a final outcome on the Constitutionality of gay marriage".

Didn't happen.

A lot of people pre-ninth circuit decision? Sure, why not. Not really after.
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#44 KC_Hokie
Member since 2006 • 16099 Posts
[QUOTE="KC_Hokie"]

[QUOTE="DroidPhysX"] >a lot of people >a lot of gay marriage activists pls stop floppingDroidPhysX

Whatever. A lot of people said "wait until the Supreme Court rules on these issues for a final outcome on the Constitutionality of gay marriage".

Didn't happen.

A lot of people pre-ninth circuit decision? Sure, why not. Not really after.

On these two cases combined. The issue was supposed to be ruled on Constitutionally. Instead it was mixed punting it back to the states.
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#45 theone86
Member since 2003 • 22669 Posts

[QUOTE="theone86"]

[QUOTE="jimkabrhel"]

SCOTUS declines to take Prop 8 case, meaning gay marriage is legal again in CA, but that doesn't provide anything more to discussion. More of a punt from the SCOTUS.

lostrib

Yes, but doesn't the language they're using seem to indicate bans on gay marriage are unconstitutional?  Phrases like "depriving them of personhood," and "right to equal liberty protected under the fifth amendment."  When you phrase it like that I really don't see how that isn't applicable to the entire nation.

Also, props to Kennedy for coming down on the right side.  And Scalia being a tremendous douche as usual.

the prop 8 ruling dismissed the case and vacated the appeal to the Ninth Circuit Court (federal), meaning the CA district court (state) ruling is upheld

Right, I get that, but what I'm saying is that in the DOMA ruling they're saying that it deprives homosexuals of personhood and restricts their liberties.  Shouldn't that establish gay marriage as a right for the whole country?  I get that it doesn't, I'm not getting why.

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#46 DroidPhysX
Member since 2010 • 17098 Posts
[QUOTE="DroidPhysX"][QUOTE="KC_Hokie"]Whatever. A lot of people said "wait until the Supreme Court rules on these issues for a final outcome on the Constitutionality of gay marriage".

Didn't happen.

KC_Hokie
A lot of people pre-ninth circuit decision? Sure, why not. Not really after.

On these two cases combined. The issue was supposed to be ruled on Constitutionally. Instead it was mixed punting it back to the states.

which was expected for years.
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#47 KC_Hokie
Member since 2006 • 16099 Posts

[QUOTE="jimkabrhel"]

SCOTUS declines to take Prop 8 case, meaning gay marriage is legal again in CA, but that doesn't provide anything more to discussion. More of a punt from the SCOTUS.

theone86

Yes, but doesn't the language they're using seem to indicate bans on gay marriage are unconstitutional?  Phrases like "depriving them of personhood," and "right to equal liberty protected under the fifth amendment."  When you phrase it like that I really don't see how that isn't applicable to the entire nation.

Also, props to Kennedy for coming down on the right side.  And Scalia being a tremendous douche as usual.

He was referring specifically to second 3 of DOMA. They also ruled states have the right to define marriage.
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#48 KC_Hokie
Member since 2006 • 16099 Posts
[QUOTE="DroidPhysX"][QUOTE="KC_Hokie"][QUOTE="DroidPhysX"] A lot of people pre-ninth circuit decision? Sure, why not. Not really after.

On these two cases combined. The issue was supposed to be ruled on Constitutionally. Instead it was mixed punting it back to the states.

which was expected for years.

Yea. Where are you from?
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#49 lostrib
Member since 2009 • 49999 Posts

[QUOTE="lostrib"]

[QUOTE="theone86"]

Yes, but doesn't the language they're using seem to indicate bans on gay marriage are unconstitutional?  Phrases like "depriving them of personhood," and "right to equal liberty protected under the fifth amendment."  When you phrase it like that I really don't see how that isn't applicable to the entire nation.

Also, props to Kennedy for coming down on the right side.  And Scalia being a tremendous douche as usual.

theone86

the prop 8 ruling dismissed the case and vacated the appeal to the Ninth Circuit Court (federal), meaning the CA district court (state) ruling is upheld

Right, I get that, but what I'm saying is that in the DOMA ruling they're saying that it deprives homosexuals of personhood and restricts their liberties.  Shouldn't that establish gay marriage as a right for the whole country?  I get that it doesn't, I'm not getting why.

i think they get around it by saying that once the state determined gays can marry, the Feds cannot discriminate between the marriage of a same-sex couple vs hetero couple. But obviously I'm not a lawyer

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deactivated-5b78379493e12

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#50 deactivated-5b78379493e12
Member since 2005 • 15625 Posts

[QUOTE="DroidPhysX"][QUOTE="KC_Hokie"] On these two cases combined. The issue was supposed to be ruled on Constitutionally. Instead it was mixed punting it back to the states.KC_Hokie
which was expected for years.

Yea. Where are you from?

What was hoped for by the public and what was expected in legal terms are two very different things. No one expected the court in its current makeup to make sweeping statements about gay marriage.