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SUPREME COURT STRIKES DOWN FEDERAL PROVISION DENYING BENEFITS TO LEGALLY MARRIED SAME-SEX COUPLES
Fox News ^

Posted on 06/26/2013 7:12:46 AM PDT by The Sons of Liberty

Edited on 06/26/2013 7:25:51 AM PDT by Admin Moderator. [history]

Headline only

Text of decision here.


TOPICS: Breaking News; Culture/Society; News/Current Events
KEYWORDS: 0bamaqueer; activistcourt; culturewar; doma; fags; federalism; gaymarriage; gaypridemonth; homosexualagenda; judicialactivism; libertarian; marriagelaws; meninblackdresses; moralabsolutes; obamanation; obamaqueer; queer; queeringamerica; ruling; samesexmarriage; scotus; smashmonogamy; smashthepatriarchy; taxdollarsatwork; vikingkitties; youpayforthis; zot
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To: The Sons of Liberty

And just as they did not see fit to acknowledge God any longer, God gave them over to a depraved mind, to do those things which are not proper, being filled with all unrighteousness, wickedness, greed, evil; full of envy, murder, strife, deceit, malice; they are gossips, slanderers, haters of God, insolent, arrogant, boastful, inventors of evil, disobedient to parents, without understanding, untrustworthy, unloving, unmerciful; and, although they know the ordinance of God, that those who practice such things are worthy of death, they not only do the same, but also give hearty approval to those who practice them.

[Romans 1:28-32]


161 posted on 06/26/2013 8:02:25 AM PDT by TurkeyLurkey
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To: Saoirise

Turning America over to the reprobate minds. Pray for the Lord’s mercy on His people.


162 posted on 06/26/2013 8:02:48 AM PDT by 444Flyer (How long O LORD?)
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To: cripplecreek

“Spousal visas aren’t my problem.”

“Am I my brother’s keeper?”


163 posted on 06/26/2013 8:03:04 AM PDT by JCBreckenridge (Un Pere, Une Mere, C'est elementaire)
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To: LachlanMinnesota
Game, set, match. Now, on to polygamy!

Actually the pro-pedophilia crowd are gathering their lawyers as we speak. Think Gohmerica would never go for that? Give hollywood 10 or 20 years...think again.

164 posted on 06/26/2013 8:03:16 AM PDT by RckyRaCoCo (Shall Not Be Infringed)
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To: zerosix

Yep, and imagine that - King O telling the Catholic church *submit* or be crushed.


165 posted on 06/26/2013 8:03:52 AM PDT by JCBreckenridge (Un Pere, Une Mere, C'est elementaire)
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To: snarkytart

States still get to decide what constitutes a marriage, and a queer “marriage” in California will not be recognized in states that do not allow queer “marriage”. This is not a great victory for the sodomites. Something else might come out today. Maybe there is more to the decision, but so far states states decide who can get married, not Washington, DC.


166 posted on 06/26/2013 8:04:11 AM PDT by NKP_Vet
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To: zerosix

Face it. Marriage was lost when government was allowed in.


167 posted on 06/26/2013 8:04:44 AM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: kabar

Then get rid of the benefits.

Natl sales tax or flat tax. NO IRS.


168 posted on 06/26/2013 8:06:21 AM PDT by Ray76 (Do you reject Obama? And all his works? And all his empty promises?)
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To: NKP_Vet

Yes but California decided they didnt want gay marriage and a court over turned it and SCOTUS allowed that court decision to stand, and to me that isn’t the people of the state getting to decide.


169 posted on 06/26/2013 8:06:57 AM PDT by snarkytart
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To: commish

Well, as much as I oppose the notion of same sex “marriage,” I have to agree that the Court probably made the correct decision re: DOMA; after all the people of the State of New York approved this change in the law. And, the Court went to great pains to recognize the obvious: the States have always had virtually unlimited control over the definition of marriage (I say virtually because States may not violate the Constitution or incorporated Amendments thereto in defining marriage, e.g., the federal ruling that States may not prohibit Blacks and Whites from marrying one another). Otherwise, the rules are, and always have been, up to the States to determine.
That is the good part of the “gay marriage” decision today; it recognizes States’ rights in this domain.
I am confused, however, about the decision to avoid ruling on Prop 8 on the basis that citizens of California lacked standing to bring the appeal. I may be mistaken, but I thought it was, in the first instance, a federal court that struck down that portion of California’s amendment to its Constitution, which, as with New York, was voted on by the people. Under the rationale of the DOMA decision, how can the Supreme Court permit a FEDERAL judge to rule on an issue not within federal discretion? I need to find a copy of the decision.
As to homosexuals who are legally married in one State moving to another State that does not recognize such a relationship and retaining their status, that is a good question. Generally, States grant comity between and among the fifty States. However, it is also well-established that States do not have to grant comity if the other State’s law is violative of the other States’ public policy. Where would that leave us? I suppose the “gay” couple could receive federal, but not State benefits. Any ideas?


170 posted on 06/26/2013 8:06:57 AM PDT by BIV (typical white person)
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To: Red Badger

Don’t forget: Military housing, TriCare, retirement benefits for same sex spouses, SGLI, relocation allowance, etc.


171 posted on 06/26/2013 8:07:10 AM PDT by Marie ("The last time Democrats gloated this hard after a health care victory, they lost 60 House seats.")
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To: stormer

None that I know of, but it would not be out of the realm of possibility.......


172 posted on 06/26/2013 8:08:46 AM PDT by Red Badger (Want to be surprised? Google your own name......Want to have fun? Google your friend's names........)
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To: The Sons of Liberty

Can’t say as I’m disappointed that DOMA is partially struck down as it’s bad law...it’s a Federal interference in a state issue. The problem is that there are so many Federal benefits IN THE FIRST PLACE.

Now that doesn’t mean I support gay marriage (I don’t) or I can’t weep for my country’s descent into the abyss. But I’m not opposed to this being a state issue.

The Prop 8 ruling is also interesting. SCOTUS basically just allowed the lower court in CA to pee all over the state referendum process. Judicial tyranny at its dubious finest.

}:-)4


173 posted on 06/26/2013 8:08:57 AM PDT by Moose4 (SHALL. NOT. BE. INFRINGED.)
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To: onedoug
“I will NEVER endorse marriage other than between one man and one woman.

NEVER!”

Dittoes! To do so would be taking part in the Big Lie and deception satan has cast forth on this nation today. He is the 'father of lies' and this is his victory today.

174 posted on 06/26/2013 8:09:28 AM PDT by 444Flyer (How long O LORD?)
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To: BIV

Then why would Scalia be against state rights? IdK but when Thomas and Scalia are against something I don’t think it’s a win for our side.


175 posted on 06/26/2013 8:09:33 AM PDT by snarkytart
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To: The Sons of Liberty

That should be good for about a dozen F10 tornadoes, a coupla Katrinas, some 10.0 earthquakes, with a few tsunamis and a Yellowstone cauldron explosion!


176 posted on 06/26/2013 8:10:05 AM PDT by 2nd Amendment (Proud member of the 48% . . giver not a taker)
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To: a fool in paradise
That’s what the liberal activists tried to claim when Rick Santorum spoke of the “slippery slope” in the wake of the Supreme Court decision protecting homosexuality as an afflicted behavior.


177 posted on 06/26/2013 8:10:10 AM PDT by Servant of the Cross (the Truth will set you free)
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To: cripplecreek

“Face it. Marriage was lost when government was allowed in.”

Yes. A “license to mate”. Once you accept government control then don’t be surprised at what happens.

Marriage has a meaning that can not be altered, one man one woman. And you don’t need permission or a license.


178 posted on 06/26/2013 8:10:13 AM PDT by Ray76 (Do you reject Obama? And all his works? And all his empty promises?)
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To: P-Marlowe; kabar
The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.By seeking to displace this protection and treating those persons as living in marriages less respected than others,the federal statute is in violation of the Fifth Amendment. This opinion and its holding are confined to those lawfulmarriages. The judgment of the Court of Appeals for the SecondCircuit is affirmed.

DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others.

In my opinion, that is the heart of the ruling, and not that some particular state does it differently and is ignored.

Not is their marriage less worthy. Their marriage is NOT marriage.

This is a social engineering decision and not a states rights decision.

Scalia nails it:

However, even setting aside traditional moral disapproval of same-sex marriage (or indeed same-sex sex),there are many perfectly valid—indeed, downright boring—justifying rationales for this legislation. Their existence ought to be the end of this case. For they give the lie to the Court’s conclusion that only those with hateful hearts could have voted “aye” on this Act. And more importantly, they serve to make the contents of the legislators’ hearts quite irrelevant: “It is a familiar principle of constitutional law that this Court will not strike down an otherwise constitutional statute on the basis of an alleged illicit legislative motive.” United States v. O’Brien, 391 U. S. 367, 383 (1968). Or at least it was a familiar principle. By holding to the contrary, the majority has declaredopen season on any law that (in the opinion of the law’s opponents and any panel of like-minded federal judges) can be characterized as mean-spirited. The majority concludes that the only motive for this Actwas the “bare . . . desire to harm a politically unpopular group.” Ante, at 20. Bear in mind that the object ofthis condemnation is not the legislature of some once-Confederate Southern state (familiar objects of the Court’s scorn, see, e.g., Edwards v. Aguillard, 482 U. S. 578 (1987)), but our respected coordinate branches, the Congress and Presidency of the United States. Laying such acharge against them should require the most extraordinary evidence, and I would have thought that every attempt would be made to indulge a more anodyne explanation for the statute. The majority does the opposite—affirmatively concealing from the reader the arguments that exist in justification. It makes only a passing mention of the “arguments put forward” by the Act’s defenders, and does not even trouble to paraphrase or describe them. See ante, at 21. I imagine that this is because it is harder to maintain the illusion of the Act’s supporters as unhinged members of a wild-eyed lynch mob whenlators’ hearts quite irrelevant: “It is a familiar principle ofconstitutional law that this Court will not strike down an otherwise constitutional statute on the basis of an allegedillicit legislative motive.” United States v. O’Brien, 391 U. S. 367, 383 (1968). Or at least it was a familiar principle. By holding to the contrary, the majority has declaredopen season on any law that (in the opinion of the law’s opponents and any panel of like-minded federal judges) can be characterized as mean-spirited.

179 posted on 06/26/2013 8:10:54 AM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: NKP_Vet

What is your brilliant plan with spousal visas?


180 posted on 06/26/2013 8:11:33 AM PDT by JCBreckenridge (Un Pere, Une Mere, C'est elementaire)
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