Appeals court strikes down Defense of Marriage Act

A case that will obviously go all the way to the SCOTUS.

But a first step is a first step, and I think we'll take it!

 

So with this, what will happen now :S

 

It is now very likely that Supreme Court will be hearing this case as early as October this year.

 

Awesome!! Let's hope that it is ruled unconstitutional there too.

 

If that happens, then what? :S I mean the States do still have control don't they? And isn't there also the factor of Romney potentially winning and inserting the dumbass Protect Marriage Pledge? :S

 

So no one's going to explain? Figured people would jump to explain what it means...

 

DOMA has two main effects. The first is that it says that the federal government will not recognize same-sex marriage. So overturnings DOMA means that the federal government has to accept same-sex marriages from states that allow them. So as far as the federal government is concerned, if a state says you're married, you're married.

The second is that same-sex marriage is exempt from the full faith and credit clause of the constitution (article iv section 1). The full faith and credit clause states that public acts, records, and judicial proceedings in one state must be honored in all other states. The exemption is how a state like Texas and put it's fingers in it's ear and go "LALALALALA" when you say you had a same-sex marriage in Massachusetts. Overturning DOMA here means that Texas has to accept that you are married and any benefits of being married in Texas must be given to you. But Texas is still free to refuse to marry same-sex couples in the first place.

So basicly, overturning DOMA means that if you're married you are married everywhere, not just certain states, and that the federal government agrees that you're married, but you still won't be allowed to marry anywhere you want. It also means that a constitutional admendment would be required to force the federal government not to recognize same-sex marriage. A president or congress can't change it on their own. An admendment requires a two-thirds majority of both the house and senate and then a three-fourths majority of the states (Congress decides if it's the people or the governments of the states).

---------- Post added 1st Jun 2012 at 05:08 AM ----------

Doh! I forgot which of the DOMA cases this was. This one is specific to the clause in DOMA about the federal government accepting same-sex marriages and doesn't touch the other states recognizing part. So if this case is upheld by SCOTUS, only the federal government has to recognize same-sex marriages. Texas can still run around saying "I can't here you!". Sorry about that. We'd have to wait for either a ruling saying that states can't ban same-sex marriages or one of the other DOMA cases to proceed for that part.

 

well, it is unlikely to overturn all SSM bans, because the courts in the 9th district have been careful to restrict their rulings to california. It is possible, but not very plausable, that the US-SC would make it a overreaching lift of such bans.

What is more important is that the US-SC upholds the rulings in california, because that would set constitutional precedence, making it harder for other states to uphold their bans. precedence is more needed right now, because when enough precedence is set, it becomes easier to lift the bans themselves.

The issue with california is that it is more specific than simply a ban on marriage rights, but that it was focused on the notion of voters taking away a right that has already been granted to an oppressed minority.

 

This is freaking amazing!! I really freaking is! Hopefully the momentum doesn't die.