Its only about California, and not another 31 states, I think. And only section 2 from ‘Doma’, not more. At the moment, of course.
I think all the DOMA cases are based on section 3 (which prevents the federal government from recognising same-sex marriage). Section 2 is the one allowing states not to recognise same-sex marriages performed in other states, and there seems to be a consensus that it would be very difficult to challenge.
Apparently it is possible, though very unlikely, that the court could decide to look at the broader question of the constitutionality of same-sex marriage, or bans on same-sex marriage, and maybe even ban it or legalise it nationwide. If they did take up the California case, and only consider the narrower question of whether it is constitutional to ban same-sex marriage once it has been legalised, it could still set a precedent if another state ends up in a similar situation. If they allow the lower court’s decision to stand, I think that would set a precedent just for the states in the 9th circuit (everywhere to the West of, and including, Montana, Idaho, Nevada, and Arizona).
Both Judge Walker’s findings about Prop 8 and the subsequent Ninth Circuit appeal court ruling are particular to only California. The wording was very carefully chosen in both cases to ensure that the SCOTUS didn’t have to deal with other states should they have to consider an appeal against scrapping it.
It´s a bit complicated:
According to Huffpost, “A decision in favor of gay marriage could set a national rule and overturn every state constitutional provision and law banning same-sex marriages. ”
Land of the free and home of the brave – horse puckey!
I’m hoping it picks DOMA and refuses to hear the Prop. 8 case by allowing the 9th circuit decision to stand which would return equal marriage to California. DOMA is the most important one in my view to overturn and the implications of that are huge for all states at the federal and state level.
Land of the free and home of the brave, MY ASS IT IS – no it is actually “the land of the Supreme Court delaying decisions on simple equality, simply put because the judges are scared of losing their jobs on impeachment by the Republicans controlling the House in Congress and they are cowards as such on not invalidating legally outdated, hateful, unwarranted, unconstitutional things such as both Proposition 8 and DOMA”.
The USA is the land were minorities such as gay men and lesbians are still legally DENIED marriage equality in 41 states still to this day, 12 years into the 21st century!
It is high-time for Congress to pass the Respect For Marriage Act now!
My country here in Australia is a joke in still DENYING marriage equality to gay men and lesbians!
I must have unknowingly travelled trough a time machine somewhere and ended up in the year 1912!
Because I am very sure that my own sexy hot naked steamy US Marines Calendar says December 2012!
Millions of dollars Republicans in the Congress House of Representatives have been spent trying to defend a 1996 Clinton-era law that is clearly outdated, clearly unconstitutional, clearly hateful and clearly stupid!
Remember the 1996 DOMA law only passed because people were in a made-mass-panic and scared of same-sex marriage coming to Hawaii and the federal Government was very scared at being forced to recognise it!
These millions of dollars the Republicans have spent, should have been spent in the right places – such as on HIV prevention, healthcare basics or road or highway infrastructure, etc.
And Republicans keep telling us their is no money left for Government program’s ??? Well where did these millions come from hey???