Slow death of DOMA

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Slow death of DOMA

Postby nosborne48 » Thu Jun 27, 2013 3:22 pm

So now the federal government must recognize same-sex marriages where they are lawful under state law. This is a very big deal; the Religious Right is foaming at the mouth. Be interesting to see what happens next.
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Re: Slow death of DOMA

Postby Rich Douglas » Thu Jun 27, 2013 4:52 pm

Lots of changes at the Federal level. Not so much at the State level.

The other ruling--the one on Prop 8--may be more interesting.

Nate Silver ran some interesting numbers. It won't be long until those supporting gay marriage will be in the majority in 42 states.

The times changed a few years ago. The powers-that-be in the State legislatures have not caught up. Over time they will, because they won't have a choice.
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Re: Slow death of DOMA

Postby johann » Thu Jun 27, 2013 5:05 pm

Gay marriage has been legal across Canada since 2005. It was already legal where 90% of the population lives, at the time the Act was passed. Several religious groups have spoken out against it, from Catholic Bishops to Hutterites, but I haven't seen any foaming at the mouth. Please keep that in the US! Same with any gun-waving, thanks!

Our Prime Minister, Stephen Harper did throw a curve, though. In 2012, his Government suggested that people who had come to Canada for their same-sex marriages might not be legally married, if their home state or territory didn't permit such marriages. This came up when a US same-sex couple married here, then later returned to Canada wanting a divorce. The Harper Government (as Stephen likes it to be called) did introduce a bill to amend this, but sat on it. AFAIK, it passed first (of 3) readings and has been gathering dust since.

Same-sex couples who reside here can obtain divorces. Lots of precedent, starting in 2004.

Here's a fairly complete story. http://en.wikipedia.org/wiki/Same-sex_m ... _in_Canada

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Re: Slow death of DOMA

Postby SteveFoerster » Thu Jun 27, 2013 6:20 pm

It's not unusual for a jurisdiction to have different residency requirements for marriage and divorce, is it? And divorce residency requirements vary a great deal, n'est-ce pas?
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Re: Slow death of DOMA

Postby nosborne48 » Thu Jun 27, 2013 6:41 pm

Yes, indeed they do. The effect of the DOMA case is to reinforce the power of the States, and the States alone, to define marriage.

But the reason I called the death of DOMA a slow one is that the Supreme Court did not address, and was not asked to address, another section of the Act that excuses States from their constitutional obligation to give full faith and credit to the acts of sister states. If, say, Texas gives full faith and credit to a heterosexual marriage from Massachusetts, which it certainly does, it must allow access to its divorce courts for Texas residents who were married in Massachusetts. Access to the courts is a fundamental constitutional right, you see. But if Texas says to a homosexual resident couple, "no, you can't get a divorce in our courts", that could be a violation of equal protection, access to the courts, and the privileges and immunities clause.

The Supreme Court went to considerable lengths in its rather tortured opinion to avoid doing the obvious thing which would have been to declare sexual orientation an immutable characteristic such that discrimination on that basis is subject to the rules governing discrimination based on race. I suspect that J. Kennedy would not have signed off on so broad an opinion which would have forced all states to offer same sex marriage and ended virtually all legal discrimination against homosexuals.

So the process isn't over yet. But the end looks pretty inevitable.
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Re: Slow death of DOMA

Postby Miller123 » Tue Jan 05, 2016 5:59 am

interesting discussion, i must say that. but i think now the whole scenario is very much clear.
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Re: Slow death of DOMA

Postby davidbilly » Thu Mar 24, 2016 9:40 am

Miller123 wrote:interesting discussion, i must say that. but i think now the whole scenario is very much clear.


Yeah you are absolutely rite, now the whole scenario is very much clear.
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Re: Slow death of DOMA

Postby Miller123 » Mon Apr 18, 2016 5:53 am

So what's your opinion on this david?
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Re: Slow death of DOMA

Postby Miller123 » Wed Jun 08, 2016 6:55 am

David ghost :D u there?
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