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Where DOMA and Prop 8 stand right now


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Showing 1-25 of 37 posts in this discussion
Initial post: Nov 6, 2012 8:10:18 AM PST
Last edited by the author on Nov 6, 2012 8:52:17 AM PST
Bubba says:
Right now, we are waiting for the Supreme Court to indicate whether it will hear the Prop 8 appeal or any of the DOMA appeals. The Supreme Court docket indicates that they will review the Prop 8 and DOMA appeals in a conference on November 20th. The Supreme Court is likely to indicate which of the cases it will hear and which of the cases it will let stand on or before November 26th. The Supreme Court could decide to hear one or more of the the DOMA cases or it could combine 2 or more of the cases. It is possible that the Prop 8 case could be combined into one or more of the DOMA cases.

If the Court declines to hear Prop 8 case, letting it stand, Same Sex Marriage will once again become legal in California as soon as the 9th US Circuit Court of Appeals removes the stay that is now preventing Same Sex Marriage. If the Court declines to hear all of the DOMA cases, things will get very complex regarding the US Federal government's recognition of Same Sex Marriages.

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Synopsis of the cases that are being appealed:

There is one Prop 8 case and four DOMA cases that were appealed to the US Supreme Court (SCOTUS).

In the Prop 8 case, Proposition 8, which called for a California state Constitutional Amendment to prohibit Same Sex Marriage marriage was overturned by the Ninth US Circuit Court of Appeals. The Ninth US Circuit Court of Appeals has issued a stay against Same Sex Marriage in California pending appeal to the Supreme Court by the folks that brought us Prop 8.

There are three sections to the DOMA legislation that outlawed Same Sex Marriage in the US. The first section just gave the bill a name. Section two exempts the states from recognizing Same Sex Marriages from other states, Section three exempts the US government from recognizing Same Sex Marriages. All of the DOMA cases that are being appealed only impact Section three of DOMA. Text of DOMA is at
http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.3396.ENR:

Gill et al. v. Office of Personnel Management challenged the constitutionality of Section three of DOMA, and the First US Circuit Court of Appeals has ruled that Section three of DOMA is unconstitutional. It was appealed to the Supreme Court by BLAG, a group from the U.S. House of Representatives.

Windsor v. USA et al, challenged the constitutionality of Section three of DOMA, and the Second US Circuit Court of Appeals ruled that Section three of DOMA is unconstitutional. It was appealed to the Supreme Court by BLAG, a group from the U.S. House of Representatives.

Golinski v. Office of Personnel Management challenged the constitutionality of Section three of DOMA. U.S. District Judge Jeffrey White of the U.S. District Court for the Northern District of California ruled for Golinski finding DOMA "violates her right to equal protection of the law under the Fifth Amendment to the United States Constitution." He wrote that Section 3 of DOMA could not pass the "heightened scrutiny" or the "rational basis" test. It was appealed to the Supreme Court by BLAG, a group from the U.S. House of Representatives.

Pedersen v. Office of Personnel Management challenged the constitutionality of Section three of DOMA. Judge Vanessa L. Bryant found for the plaintiffs. She wrote, "[H]aving considered the purported rational bases proffered by both BLAG and Congress and concluded that such objectives bear no rational relationship to section 3 of DOMA as a legislative scheme, the Court finds that no conceivable rational basis exists for the provision." It was appealed to the Supreme Court by BLAG, a group from the U.S. House of Representatives.

Note that all of the DOMA and Prop 8 cases that are being appealed have been decided against Section 3 of DOMA and against Prop 8. All of the DOMA cases have been appealed by BLAG, a group that is headed by John Boehner.

Although I believe that this information is correct, corrections are expected and welcomed.

In reply to an earlier post on Nov 6, 2012 9:29:31 AM PST
DMP says:
Excellent summation, Bubba--only to be a bit more accurate, I would use the term "equal marriage" (as all of this *is* indeed about granting equality to an entire class of people), instead of "same-sex marriage."

Posted on Nov 6, 2012 9:43:03 AM PST
The Weasel says:
Prop 8 is dead regardless. The latest polls in CA show that Prop 8 would be defeated by a 55-45 margin if tried again. So even if the Supremes reinstate it it would only be a matter of time before it was overturned through the proposition process.

In reply to an earlier post on Nov 6, 2012 10:09:48 AM PST
Bubba says:
Thank you. I prefer "equal marriage", but for now I will leave it ssm in the summary because that is the term used in the source documents, that is what most people know it as, and I want to try to keep my writing in the summary neutral.

In reply to an earlier post on Nov 6, 2012 1:06:41 PM PST
Craig says:
Thank you for the update Bubba.

Posted on Nov 6, 2012 1:58:36 PM PST
Thanks for helping me keep on top of this, Bubba.

In reply to an earlier post on Nov 6, 2012 2:15:33 PM PST
Last edited by the author on Nov 6, 2012 2:18:39 PM PST
Bubba says:
The term "matter of time" is problematic when it comes to peoples' rights; an anti-Prop 8 proposition would also be putting the rights of gays up for a popular vote AGAIN. If there is an anti-Prop 8 Proposition, it should be to take the right to marry away from everybody, forcing everybody to get a "civil union".

Posted on Nov 6, 2012 10:39:07 PM PST
DMP says:
And in Maine and Maryland voters legalize marriage equality!

"The arc of the moral Universe is long, but it bends toward Justice" -- Martin Luther King, Jr.

In reply to an earlier post on Nov 6, 2012 11:36:21 PM PST
Bubba says:
YAY! Congratulations to those from Maine and Maryland!

Posted on Nov 6, 2012 11:54:44 PM PST
Last edited by the author on Nov 6, 2012 11:57:19 PM PST
Bubba says:
Obama congratulated Romney for trying. With a bit of irony, Romney gave his concession speech to a crowd in _Boston_. While Democrats held the Senate, it is unfortunate that they didn't take the House. Obama's win was VERY important for Civil Rights because it is likely that he will be naming the replacements for two or three Supreme Court Justices.

Posted on Nov 7, 2012 12:09:20 AM PST
Menkaure says:
I sincerely hope it's three.

In reply to an earlier post on Nov 7, 2012 7:23:13 AM PST
Last edited by the author on Nov 7, 2012 7:23:26 AM PST
Joe W says:
While I agree with the result, It irritates the crap out of me that an issue of human rights is a voting topic.

In reply to an earlier post on Nov 7, 2012 8:08:20 AM PST
Bubba says:
I do too, and I hope that it's the three biggest a-holes on the bench; Scalia, Roberts, and Thomas.

Posted on Nov 7, 2012 11:13:33 AM PST
Brian Curtis says:
Scalia and Thomas are pathetic, but Roberts is a conservative I can disagree with honestly. I don't think he's a partisan hack like the other two.

Posted on Nov 7, 2012 4:42:44 PM PST
Last edited by the author on Nov 7, 2012 4:44:31 PM PST
Bubba says:
The Marriage Equality ballot questions were a clean sweep for Equality.

In Maryland, Marriage Equality passed 52 percent to 48 percent.
In Maine, Marriage Equality passed 53 percent to 47 percent.
In Washington, Marriage Equality passed 52 percent to 48 percent.

Voters in Minnesota rejected an anti-gay constitutional amendment 48 percent to 52 percent.

In reply to an earlier post on Nov 7, 2012 5:21:57 PM PST
Joe W,

I hear you. It does ruin the ability to state that "people" have "never" voted rights to a minority! Of course, it isn't a voting issue. It does affect common law, so it could still be a good thing.

Perhaps the other states will stop trying to vote away human rights???

In reply to an earlier post on Nov 7, 2012 6:05:25 PM PST
Bubba says:
Hopefully it sways the Supreme Court to declare all of DOMA unconstitutional, if it needs swaying.

In reply to an earlier post on Nov 7, 2012 6:25:59 PM PST
Bubba,

In theory, common law (that which the public will most likely accept) is a consideration when the SCOTUS thinks something will affect/reflect public opinion.

So yes, hopefully if there is any doubt whether it would be "too radical" they now know better!!!

In reply to an earlier post on Nov 7, 2012 6:47:17 PM PST
Irish Lace says:
I agree with you, Bubba, but I a VERY worried about the deficit, the debt and the effects of too much or conflicting regulation on business. It was a terrible decision for me.

In reply to an earlier post on Nov 7, 2012 6:50:37 PM PST
Irish Lace says:
I am OK with Roberts; he's a genuine conservative. Thomas has never earned my respect and Scalia is over the top. But I wouldn't count on either of them retiring anytime soon.

In reply to an earlier post on Nov 7, 2012 6:59:45 PM PST
[Deleted by Amazon on Nov 7, 2012 7:17:47 PM PST]

In reply to an earlier post on Nov 7, 2012 7:00:18 PM PST
Irish Lace,

If, and that is a big if, we can get our elected officials to work together we might be able to deal with the debt. I don't imagine that a compromise will please everyone, or anyone, but sometimes they still manage to fix the problem. Fixing the debt means that at least if we ever get in a surplus again, some of that is spent on the debt, and not tax cuts --- and that isn't ever going to go down well!!

My guess is that Iran will help keep our deficit from being reduced!!!

In reply to an earlier post on Nov 7, 2012 7:10:08 PM PST
Irish Lace says:
And you state a huge part of the reason why I was and am so _horribly_ conflicted by this presidential election! I have children and grandchildren and I worry very much about their future and I think everyone should be worrying about it.

The far right dicks threaten their rights as individuals. The far left dicks threaten their future economic freedom and well-being.

Where, oh where, are the moderates?

Irish curse: "May you live in interesting times."

In reply to an earlier post on Nov 7, 2012 7:14:07 PM PST
Irish Lace says:
Income tax cuts increase revenue, Reed. This is an economic fact. I know it's a fact that is resisted, but it's still an economic reality.

What needs to happen is that, if we ever get a surplus again we NOT immediately spend it on new entitlements or, gawd forbid, new wars, but on lowering the debt. However, for right now, I'd just like to see us not RAISE the debt for new entitlements or new wars.

Four years without a budget, guys. Four years.

In reply to an earlier post on Nov 7, 2012 7:19:51 PM PST
Last edited by the author on Nov 7, 2012 7:20:43 PM PST
Bubba says:
"It's time America realized that there was no gay exemption in the right to life, liberty, and the pursuit of happiness in the Declaration of Independence" -- Barry Goldwater

"It's a sad reflection of the state of our Party today, that some Republicans questioned the credentials of the godfather of modern conservatism because he supported fair treatment for gays. We can only hope that our Party can return to the conscience of a conservative - Barry Goldwater - whose ideals can lead us back to our basic principles and away from pandering to the religious right." -- Log Cabin Republicans National Convention when Goldwater was given the group's `Spirit of Lincoln' award.
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Discussion in:  Religion forum
Participants:  14
Total posts:  37
Initial post:  Nov 6, 2012
Latest post:  Nov 10, 2012

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