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Boston court: US gay marriage law unconstitutional

POSTED BY: GEEZER
UPDATED: Friday, June 1, 2012 08:47
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Thursday, May 31, 2012 4:28 AM

GEEZER

Keep the Shiny side up


Quote:

BOSTON (AP) - An appeals court ruled Thursday that a law that denies a host of federal benefits to gay married couples is unconstitutional.

The 1st U.S. Circuit Court of Appeals in Boston said the Defense of Marriage Act, which defines marriage as a union between a man and a woman, discriminates against gay couples.

The law was passed in 1996 at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004.

The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.

During arguments before the court last month, a lawyer for gay married couples said the law amounts to "across-the-board disrespect." The couples argued that the power to define and regulate marriage had been left to the states for more than 200 years before Congress passed DOMA.

An attorney defending the law argued that Congress had a rational basis for passing it in 1996, when opponents worried that states would be forced to recognize gay marriages performed elsewhere. The group said Congress wanted to preserve a traditional and uniform definition of marriage and has the power to define terms used to federal statutes to distribute federal benefits.

Since DOMA was passed in 1996, many states have instituted their own bans on gay marriage, while eight states have approved it, including Massachusetts, Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington's laws are not yet in effect and may be subject to referendums.

Last year, President Barack Obama announced the U.S. Department of Justice would no longer defend the constitutionality of the law. After that, House Speaker John Boehner convened the Bipartisan Legal Advisory Group to defend it.



http://www.wtop.com/209/2464857/Boston-court-US-gay-marriage-law-uncon
stitutional


Keeps moving onward and upward. Can't wait for this to hit the Supremes.

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Thursday, May 31, 2012 4:33 AM

ANTHONYT

Freedom is Important because People are Important


Hello,

As a fellow lover of freedom, I join you in eager anticipation for the day this discrimination is cast aside.

--Anthony



Note to Self:
Raptor - women who want to control their reproductive processes are sluts.
Wulf - Niki is a stupid fucking bitch who should hurry up and die.
Never forget what these men are.
“The stupid neither forgive nor forget; the naive forgive and forget; the wise forgive but do not forget.” -Thomas Szasz

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Thursday, May 31, 2012 4:43 AM

NIKI2

Gettin' old, but still a hippie at heart...


I join you in hoping to see it legalized, but I'm afraid, given the current Supremes, it hasn't got a snowball's chance in hell.

It absolutely IS about civil rights, just as interracial marriage was, and certainly the American people have come around enormously, but that doesn't mean any of that will overcome the Supreme's leanings, unfortunately.


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Thursday, May 31, 2012 4:45 AM

BYTEMITE


Quote:

when opponents worried that states would be forced to recognize gay marriages performed elsewhere.


Do states recognize heterosexual marriages performed in other states?

In other words, who gives a fuck. It's not a state's rights issue if they've already been recognizing other marriages from other states. The issue here is they're passing judgement on who is okay to marry who. Which is not the role of anyone but the people who want to be so joined.

I doubt the SCOTUS will do anything worthwhile.

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Thursday, May 31, 2012 7:17 AM

CAVETROLL


^ This.

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Thursday, May 31, 2012 9:23 AM

M52NICKERSON

DALEK!


This case does not address the issue of bans on same sex marriages. If the SCOTUS upholds the decision it will only mean that same sex couples that are married in states which allow it will be able to get the federal benefits other married couples get. It will not force states to recognize same sex marriages.

I do not fear God, I fear the ignorance of man.

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Thursday, May 31, 2012 10:08 AM

BYTEMITE


Quote:

This case does not address the issue of bans on same sex marriages. If the SCOTUS upholds the decision it will only mean that same sex couples that are married in states which allow it will be able to get the federal benefits other married couples get. It will not force states to recognize same sex marriages.


Oh. Hmm.

This is old news then. No one is going to bother defending section 3, even the house thinks it's too expensive.

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Friday, June 1, 2012 1:58 AM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


A court in Maine has also ruled that same-sex divorces are legal. While that may not sound like much, that's pretty big news. Why? Because of the implication - if same-sex DIVORCE is legal, then same-sex marriages would have had to be legal in the first place.





"I supported Bush in 2000 and 2004 and intellegence [sic] had very little to do with that decision." - Hero


"I've not watched the video either, or am incapable of intellectually dealing with the substance of this thread, so I'll instead act like a juvenile and claim victory..." - Rappy

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Friday, June 1, 2012 8:47 AM

M52NICKERSON

DALEK!


Okay, I folow your logic but that decision is not going to bring same sex marriage to any state that does not allow them.

I do not fear God, I fear the ignorance of man.

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