DOMA Ruled Unconstitutional By Federal Appeals Court In New York http://www.huffingtonpost.com/2012/...-act_n_1980197.html?ncid=edlinkusaolp00000003 ---------- Post added 18th Oct 2012 at 11:56 AM ---------- and the judge who wrote the opinion is a conservative and member of the Federalist Society.
DOMA: 2nd Circuit rules federal ban on gay marraige is unconstitutional, sets stage for SCOTUS fight.
I still don't believe this is the supreme court we want deciding on the issue until a few of the nasty conservatives are gone (and they are up there in age!)
i'm don't think it will be an issue on DOMA both opinions striking it down have been written by conservatives.
Yes, but the SCOTUS is far more political than the lower courts. Scalia and Thomas are guaranteed to uphold DOMA. Roberts and Alito are likely to. They only need to swing one more justice to their side.
Do we really believe that? If enough points are made it very well could turn out that they vote BECAUSE it is shown unconstitutional 100%.
I agree with Mogget. I mean, the problem is that this is just an appellate level court, and it's almost certainly going to be appealed. The Supreme Court is probably already hearing a DOMA challenge anyway, and it basically only matters what Kennedy decides. The problem with the Roberts Court right now is that while they conservative bloc is "conservative," they are also believers in direct democracy, and therefore extremely likely to see DOMA as "narrowly tailored" to serve a "compelling state interest." End of DOMA challenge.
I am just happy that with this case, the republicans in congress have used up all 1.5million that was all they were given to defend the law.
If only we had a president who would stand up and fight against DOMA, that would be great... Oh wait.
