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Old 12-08-2012, 09:23 AM   #1
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Default Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

As I understand it, the questions for the Supremes are:
(1) Do states have the right to establish their own marriage rules?
(2) Can Congress treat some marriages differently from others, as DOMA prescribes?

These are the same sort of issues that interracial couples went through. We'll see how far the Republicans have come depending on Supreme Court rulings. Observers seem to expect Kennedy to be the deciding vote, as he was when the Supremes struck down laws which the right wing of the Supreme Court defended vigorously.

Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

WASHINGTON — The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.

The justices said Friday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.

The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.

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Old 12-08-2012, 10:39 AM   #2
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Default Re: Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

There is some pretty good analysis on this in the Scotus Blog..

http://www.scotusblog.com/

Quote:
The first case is a federal challenge to an Act of Congress—the 1996 Defense of Marriage Act—which defines marriage for all federal purposes as a union of one man and one woman. The second is a federal challenge to a state ballot initiative—the 2008 amendment to the California Constitution known as Prop 8—which eliminated the pre-existing, if short-lived, right of same-sex couples to marry in California. Everyone assumed the Court would grant one of the eight petitions to review the constitutionality of DOMA, simply because the Supreme Court almost invariably reviews lower court decisions striking down Congressional statutes. The betting was much closer on whether the Court would grant review in Perry. Now that the Court has taken both, some have speculated that the Court will split the difference—striking down DOMA but upholding Prop 8. I think this forecast is incorrect.

read more...
One thing for sure the wacky christian right will be outside the SC on the day this is argued in droves...
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Old 12-08-2012, 02:13 PM   #3
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Default Re: Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

Hard to fathom in this day and age that we cannot get 3 of these 15 states to say yes and have 38 states ratifying the ERA. If we had a ratified ERA this SCOTUS case would be moot ... as it should be IMO.

3 of these 4 swing states are all that is needed ... it is within reach with some effort.
Alabama
Arizona
Arkansas

Florida

Georgia
Illinois
Louisiana
Mississippi
Missouri

Nevada
North Carolina

Oklahoma
South Carolina
Utah

Virginia

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Old 12-08-2012, 04:38 PM   #4
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Default Re: Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

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Originally Posted by DarrylS View Post
There is some pretty good analysis on this in the Scotus Blog..

http://www.scotusblog.com/



One thing for sure the wacky christian right will be outside the SC on the day this is argued in droves...

There is no such thing as the christian "right". Being Christian is a belief system with its roots firmly planted in tradition.
If you call yourself a christian and you stand for same sex marriage and abortion on demand, then you are opposing the tradition that gave you Christ.

So any "Christian", who supports abortion demand and same sex marriage is either greatly deceived or not a true Christian at all.
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Old 12-09-2012, 05:13 AM   #5
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Default Re: Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

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Originally Posted by RI Patriots fan View Post
There is no such thing as the christian "right". Being Christian is a belief system with its roots firmly planted in tradition.
If you call yourself a christian and you stand for same sex marriage and abortion on demand, then you are opposing the tradition that gave you Christ.

So any "Christian", who supports abortion demand and same sex marriage is either greatly deceived or not a true Christian at all.
God you are tiring.. open your eyes, it is amazing what you will see.

Thanks for judging me, again.
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Old 12-09-2012, 07:36 AM   #6
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Default Re: Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

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Originally Posted by IcyPatriot View Post
Hard to fathom in this day and age that we cannot get 3 of these 15 states to say yes and have 38 states ratifying the ERA. If we had a ratified ERA this SCOTUS case would be moot ... as it should be IMO.

3 of these 4 swing states are all that is needed ... it is within reach with some effort.

Wouldn't they have to reintroduce the amendment? I thought it had an expiration of 10 years (1972 to 1982).
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Old 12-09-2012, 11:41 AM   #7
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Default Re: Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

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Originally Posted by Patsfanin Philly View Post
Wouldn't they have to reintroduce the amendment? I thought it had an expiration of 10 years (1972 to 1982).
Get differing opinions on that - some say it never expired, some say it was etched in stone and it did and others say bringing up again would be easy. What is fascinating is that many Americans think it is a part of the Constitution ... few realize it was never ratified.
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Old 12-09-2012, 12:25 PM   #8
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Default Re: Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

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Originally Posted by DarrylS View Post
God you are tiring.. open your eyes, it is amazing what you will see.

Thanks for judging me, again.

You're the one who was judging the "wacky" christian right.

I'm simply defning what it means to be a christian based upon christian tradition.
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Old 12-09-2012, 12:40 PM   #9
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Default Re: Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

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Get differing opinions on that - some say it never expired, some say it was etched in stone and it did and others say bringing up again would be easy. What is fascinating is that many Americans think it is a part of the Constitution ... few realize it was never ratified.
One would think an opportunistic politician would run with this. Come on, equal rights for women? So gay marriage and legalization of pot becomes law in some states before ERA is universal?
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Old 12-09-2012, 02:08 PM   #10
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Default Re: Supreme Court On Gay Marriage: Prop 8, DOMA To Receive Hearings

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Originally Posted by scout View Post
One would think an opportunistic politician would run with this. Come on, equal rights for women? So gay marriage and legalization of pot becomes law in some states before ERA is universal?

Messed up for sure ..........
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