LGBT News The relationship between DOMA and Proposition 8

Dan82 · Mar 27, 2013

http://www.scotusblog.com/2013/03/the-relationship-between-doma-and-proposition-8/

Students of Windsor and Hollingsworth have always recognized a basic tension between the theories of gay-rights advocates in the cases. The challenge to DOMA is undergirded by a sense that marriage is a matter for state rather than federal regulation. The challenge to Proposition 8 is a direct challenge to just such a decision by a state.

Yesterday and today, the irresolvable depth of that tension in this Court became obvious. The arguments would be easier for the public to understand if they had occurred in reverse.

A majority of the Court seems poised in Windsor to invalidate DOMA Section 3 on the theory that the federal government has no interest in adopting a definition of marriage applicable to 1100 statutory provisions that as a practical matter alters the very nature of what it is to be “married.” That role, the Court will rule, is historically reserved to the states. So DOMA is a federalism case...

http://www.scotusblog.com/2013/03/the-relationship-between-doma-and-proposition-8/
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LGBT News The relationship between DOMA and Proposition 8

Dan82 Full Member

Dan82
Full Member