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US: San Francisco law professors predict Supreme Court will invalidate Prop 8 and DOMA

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  1. As I’ve said to my fellow gay and straight Americans, the decision will have far more wide spread consequences. America has done a great deal, championing equal rights in other foreign countries so a negative decision will lay the well deserved charge of hypocracy at its doorstep. How can a country demand equality for others when it won’t do the same for a segment of its own population?

  2. It’s an advancement, but it won’t be huge. In typical US political style, their cowardice will make it as narrowly defined as possible. Although it would be a perfect moment to remove all LGBTs from their blatantly obvious, second-class, citizenship in the “land of the free”, the US will remain a schizophrenic patchwork quilt of individual states determining the lawfulness of two men loving, and what token crumbs of freedom should be doled out to them. It’s incredibly maddening to be married in one state, but just a mile down the road in another state, you are an illegal perversion and your marriage is totally unrecognized. I’m too old to wait around for politicians to unashamedly play football with my fundamental human rights for their own financial gain. Time to move and leave this decaying river barge to the exploitive super wealthy rats to fight over.
    - One Tired Ol’ Yankee -

  3. Jock S. Trap 29 Mar 2013, 9:58am

    Here’s hoping they’re right and decency returns.

    Time for religion to accept they do not control us all and the laws of the land are just that. State and religion have to be separate.

  4. Robert in S. Kensington 29 Mar 2013, 11:41am

    Regarding DOMA, my take on it is that it will be invalidated but it’s not going to open equal marriage in all 50 states. The justices have more or less indicated that’s not going to happen. It will probably grant federal recognition of marriages in the nine states and as more states legislate for it, the same will apply. I’m not quite sure if eliminating DOMA will put an end to referenda trying to overturn equal marriage legislation in some states. It would make no sense if DOMA is repealed.

  5. Spanner1960 29 Mar 2013, 12:34pm

    Can anyone tell me, if DOMA and Prop8 are voted against, then what?

    Will this mean gay marriage being enforced in all states?

    1. bobbleobble 29 Mar 2013, 12:53pm

      Depends on how the court rules. If they uphold the rulings of the lower courts on prop 8 then all that will happen is that same sex marriage will resume in California. However, they could go wider than that and declare a right for gay people to marry in the Constitution in which same sex marriage will be legal everywhere. They could also give a decision that says where civil unions are available but not marriage then that in itself is discriminatory and therefore marriage must be allowed but only in states where civil unions already exist.

      In terms of DOMA again it depends how broad their decision is. Currently at issue is section 3 which prevents the Federal Government recognising SSM in states where it’s legal. If that’s all they strike down then all that will change is that in the 9 states plus DC gay married couples will get the same rights as straight ones. It won’t change anything else though unless they go large and strike the whole law down.

      1. bobbleobble 29 Mar 2013, 12:56pm

        The effect of that depends on the outcome of the prop 8 trial but it could mean that although most states won’t allow SSM themselves they will have to recognise SSM performed in other states in effect allowing nationwide SSM by the backdoor. If you’re from Texas you could go to Maine, get married and Texas would be required to recognise your Maine marriage just as it currently recognises a heterosexual marriage performed in Maine.

        Of course they could simply rule that those defending Prop 8 and DOMA don’t have the capacity to defend those laws in which case the rulings of the lower courts will stand. Makes my brain hurt!

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