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DOMA: Obama invokes incest and people marrying children

Discussion in 'BBS Hangout: Debate & Discussion' started by basso, Jun 12, 2009.

  1. mc mark

    mc mark Member

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    YEA!!!


    Federal Judge Rules Part Of DOMA Unconstitutional

    A federal judge ruled today that part of the Defense of Marriage Act, which defines marriage as between a man and a woman, is unconstitutional.

    Judge Joseph Tauro, of U.S. District Court in Boston, issued rulings on two separate cases today.

    "This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status," Tauro wrote in the decision for Massachusetts v. Health and Human Services.

    "The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and, in doing so, offends the Tenth Amendment. For that reason, the statute is invalid," he wrote.
     
  2. Dubious

    Dubious Member

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    Somewhere back in the last two or three years when we had a thread on it I stated that denying gays the rights and privileges afforded heterosexual married couples was denying them equal protection under the law. I think I said it was so clearly obvious that I can't believe it hasn't been ruled so. Marriage involves so much more than just bearing children i.e. tax laws, rights of survivorship, medical permissions.

    Judge Joseph L. Tauro ruled that the federal Defense of Marriage law violates the Constitutional right of married same-sex couples to equal protection under the law and upends the federal government’s long history of allowing states to set their own marriage laws.
     
    #302 Dubious, Jul 8, 2010
    Last edited: Jul 8, 2010
  3. weslinder

    weslinder Member

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    I'm really glad someone acknowledged the tenth amendment and wasn't called a racist. This is a huge win for States' Rights.
     
  4. basso

    basso Member
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    i applaud the ruling, but there's an interesting perspective here on some possible ramifications of using the 10th amendment to get there:

    Finally, Judge Tauro's attempt to limit federal power through the Tenth Amendment so that it does not interfere with state prerogatives might delight members of the contemporary Tea Party movement (at least if it wasn't aimed at DOMA), but it should give most Americans pause. The modern state depends heavily on the federal government's taxing and spending powers for many of the benefits that citizens hold dear, including Medicare, Medicaid, Social Security, and the newly passed provisions of the Affordable Care Act. These programs have regulatory effects on state family policies just as much as DOMA does. If DOMA's direct interference with state prerogatives is beyond federal power, then perhaps any or all of these programs are vulnerable-- and unconstitutional-- to the extent they interfere with state policies regarding family formation as well. Put differently, Judge Tauro has offered a road map to attack a wide range of federal welfare programs, including health care reform. No matter how much they might like the result in this particular case, this is not a road that liberals want to travel.
     
  5. Steve_Francis_rules

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    That seems odd to me. I could have sworn you were a major supporter of a President who was in favor of passing a constitutional amendment making discrimination against gays national policy.
     
  6. basso

    basso Member
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    fixed.
     
  7. mc mark

    mc mark Member

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    Another win for the good guys!

    Court strikes challenge to DC gay marriage law

    Court: Opponents of DC same-sex marriage law cannot take the issue to voters

    D.C.'s highest court has ruled against opponents of the city's same-sex marriage law, saying they cannot ask voters to overturn it.

    Opponents had wanted to challenge a law that took effect in Washington in March allowing same-sex couples to marry. They attempted to get approval to put an initiative on the ballot asking city voters to define marriage in the city as between one man and one woman. But city officials balked, saying a district human rights law barred initiatives that would authorize discrimination.

    On Thursday, the D.C. Court of Appeals ruled 5-4 that officials had the authority to keep the measure off the ballot and acted appropriately.
     
  8. rhadamanthus

    rhadamanthus Member

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    Well um wow.

    Gov't drops defense of anti-gay marriage law

    More at the link.
     
    #308 rhadamanthus, Feb 23, 2011
    Last edited: Feb 23, 2011
  9. Depressio

    Depressio Member

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  10. SamFisher

    SamFisher Member

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    hahahaha.

    We see you bumped another thread and not this one.

    I wonder why.
     
  11. KingCheetah

    KingCheetah Atomic Playboy
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  12. SamFisher

    SamFisher Member

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  13. finalsbound

    finalsbound Member

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