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Old 07-09-2010, 12:09 AM   #1
LICraig

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Default Federal Judge Declares Defense of Marriage Act Unconstitutional
This goes under the category of "Better Late Than Never!"

http://www.boston.com/news/local/bre...eclares_3.html

I know this is just the first step, and that this will end up before SCOTUS, but it's a major step in the right direction.

Paulie
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Old 07-09-2010, 04:13 AM   #2
Jeffery

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Yay! May be small, but it's progress...
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Old 07-09-2010, 06:48 AM   #3
v74ClzKY

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This is certainly a step in the right direction. Let's bring on that SCOTUS decision, and probably the one after that.
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Old 07-09-2010, 11:19 AM   #4
Adamdjeffe

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Yes, please. I would like SCOTUS to define the scope of the federal government when it comes to defining marriage. "Between a man and a woman" is no different than "between a man and a woman of the same race." Been there, done that one.
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Old 07-10-2010, 02:07 AM   #5
gerturiotf

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Opponents of same-sex marriage condemned the ruling. Kris Mineau, president of Massachusetts Family Institute called it “another blatant example of a judge playing legislator.” Of course; anyone who disagrees with the conservative stance, regardless of judicial precedent, is "playing legislator," but judges who completely disregard judicial precedent for the whim of the conservative constituency is "standing up for American values."


Just out of curiosity, what do you all think are the chances of SCOTUS finding this act unconstitutional, given their recent rulings?
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Old 07-10-2010, 02:49 AM   #6
mikeyyuiok

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Slim to none, and I hear Slim left town a while ago.
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Old 07-11-2010, 02:36 AM   #7
encunnibriG

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SCOTUS today would vote that down 5-4. Let's wait until a conservative Judge dies or retires and we can put someone on the bench with the correct understanding of "equality" and " pursuit of happiness"
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Old 07-11-2010, 10:38 AM   #8
freddystone

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Too late. A federal judge has already declared a part of DOMA unconstitutional. There will be other equal protection challenges from states which now allow gay marriages and it will end up in the Supreme Court. The question for this Court might be one of states' rights. When it comes to the area of family law, this conservative court has ruled fairly consistently for state sovereignty under the protection of the 10th Amendment.

Next up will be the California Prop 8 challenge, a much broader Constitutional challenge.
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