Update: Supreme Court strikes down DOMA, Proposition 8

National Constitution Center ^ | NCC Staff

[haffast]

The United States Supreme Court struck down the Defense of Marriage Act (DOMA) and Proposition 8 on Wednesday, in two significant wins for supporters of same-sex marriages.

Neither ruling established a federal constitutional right to same-sex marriage, but they invalidated one federal law that defined marriage as only a union between a man and a woman, and a California referendum that barred same-sex marriages in that state.

Justice Anthony Kennedy said in a 5-4 decision in United States v. Windsor that the federal law known as DOMA deprived the equal liberty of persons that is protected by the Constitution.

“DOMA’s principal effect is to identify and make unequal a subset of state-sanctioned marriages. It contrives to deprive some couples married under the laws of their State, but not others, of both rights and responsibilities, creating two contradictory marriage regimes within the same State,” said Kennedy.

“It also forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the State has found it proper to acknowledge and protect,” he added.

In a dissenting decision on DOMA, the Court indicated that it would also strike down California’s Proposition 8 law, due to a lack of standing.

Chief Justice John Roberts confirmed that decision about 15 minutes later, saying in a 5-4 decision that the petitioners who sought the reaffirm California’s Proposition 8 didn’t have the legal ability to appeal a lower court decision. Justice Antonin Scalia joined Roberts in the majority.

snip

[haffast]

And away we go.

[fwdude]

It contrives to deprive some couples married under the laws of their State, but not others, of both rights and responsibilities, creating two contradictory marriage regimes within the same State,” said Kennedy.

Then, can we apologize to Utah for being so bigoted in making them invalidate plural marriages to be admitted as a state, Justice Kennedy? How about now? Why only couples?

[NRA1995]

I can hear “Highway To Hell” playing in the background.....

[2ndDivisionVet]

Polygamy Advocate: Gay Marriage Blazing Trail for Us
http://www.freerepublic.com/focus/f-news/3035733/posts

[Yogafist]

So we the people don’t have standing, but an activist homosexual judge ruling on the law is OK.

[Secret Agent Man]

when perversion is legal only moral people will be criminalized.

[svcw]

No worries within a year the push for polygamy will be made publicly. IE Come out of the shadows.

[Servant of the Cross]

[sinatorhellary]

And even if you live in a state where same-sex marriage is not recognized, there are a slew of lawsuits about to be filed.

[yldstrk]

so it is official

government is evil

God is the only way

get government out of marriage altogether

[who_would_fardels_bear]

With regard to Prop 8 and the declaration that the defendants have "no standing":

The whole point of propositions is for the people to enact laws that their politicians don't want to enact.

If someone brings a case against a proposition and the politicians don't defend it, then the politicians get a second chance to prevent the legal changes they oppose.

If the politicians themselves are the ones that bring the case against the proposition then it is a slam dunk that the proposition will be nullified.

I've become less and less of a fan of the California Proposition process over the past few years, but allowing politicians an end run around the entire process is ludicrous.

If people see the writing on the wall, then maybe propositions will go away and the annoying petitioners and annoying commercials will go with them.

[Jeff Head]

Roberts is completely compromised, IMHO. He leads another shameful and sick decision.

The people’s representatives create a law with a large majority. A federal judge rules against it. The people themselves voted for a constitutional amendment punctuating the original law, again by a large majority. Now more federal judges are turning that over.

We are witnessing two things.

1) The tyranny of specific judiciary members..co-opting the will of the people which is lawfully taken according to the laws of their soveriegn state.
2) The compromising of those same judiciary by a criminal, thugish enterprise in this current administration which is, IMHO, either bribing or coersing them to vote as they direct.

This will end badly for those law breakers and oath breakers. It may take a while yet...but if this continues, we will see a remedy similar to what our founders imposed on the King of england.

A MODERN DECLARATION OF LIBERTY
http://www.jeffhead.com/Modern-Declaration.htm

[yldstrk]

you left out marrying your horse or your goat

[yadent]

By current legal logic any relationships consenting adults choose to entwine themselves in will eventually have to be recognized as being in a state of ‘marriage’ if the participants so wish the legal label. And why not? Such a ‘label’ now opens up a bonanza of benefits....

[oldbrowser]

It contrives to deprive some couples married under the laws of their State, but not others, of both rights and responsibilities, creating two contradictory marriage regimes within the same State,” said Kennedy.

By some circular reasoning they will soon decide that homosexual "marriage" must be legal in all states.

[Yosemitest]

This is what we get when we FAIL to OBEY God.
For it is written:

“ For whosoever shall commit ANY of these abominations,
even the SOULS that commit them
SHALL BE CUT OFF from among their people. ”

Those who support homosexuals are against our Heavenly Father and His Son Jesus Christ.
These anti Christ people only bring destruction on us ALL.
I have NO sympathy for homosexuals!

Homosexuality is a "Mark" of disobedience.

It was given by our Heavenly Father to test us
to see ... if we will OBEY our Heavenly Father,
and abide by His commandments, statues, and ordinances.

Someone once asked

"Why are they [homosexuals] all so angry?"

The answer is in the definition of "REPROBATE".

rep·ro·bate \ˈre-prə-ˌbāt\ a. [L. reprobatus, reprobo, to disallow; re and probo, to prove.]

1. Not enduring proof or trial; not of standard purity or fineness; disallowed; rejected.


Reprobate silver shall men call them, because the Lord hath rejected them. Jer. 6.




2. Abandoned in sin; lost to virtue or grace.

They profess that they know God, but in works deny him, being abominable and disobedient, and to every good work reprobate. Titus 1.

3. Abandoned to error, or in apostasy. 2Tim. 3.

And the reason"why" is given in the Bible.

God has a cure for homosexuals.

But will we OBEY our Heavenly Father?

"Indeed I tremble for my country when I reflect
that God is just,
that his justice cannot sleep forever."

[going hot]

Goats?...Don’t believe nothing them gals tell ya!

[tgusa]

Someone give me a vector toward Galt’s Gulch, please.

[Yogafist]

Thanks, I didn’t know that. Learn something every day.

[ex-snook]

Good one!