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SCOTUS: same-sex marriage decisions - Live Thread (Decisions at 97, 194, & 217)
Free Republic | 06/26/2013 | BuckeyeTexan

Posted on 06/25/2013 9:54:04 PM PDT by BuckeyeTexan

At 10:00 AM Wednesday, the Supreme Court will deliver its final decisions of this term. We can expect decisions on both same-sex marriage cases.

California Proposition 8: Hollingsworth v. Perry

In November 2008, 52.3 percent of California voters approved Proposition 8, which added language to the California Constitution that defined marriage as a union between a man and a woman. In May 2009, a California District Court ruled that Proposition 8 violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment and temporarily prohibited its enforcement, and the Ninth Circuit agreed, affirming the District Court’s ruling. The United States Supreme Court will now consider whether a state can define marriage solely as the union of a man and a woman, in addition to considering whether the proponents of Proposition 8 have standing to bring suit in federal court. The Court’s ruling will implicate the rights of gay men and lesbians, the role of the government in structuring family and society, and the relationship between the institution of marriage and religion and morality.

Defense of Marriage Act: United States v. Windsor

Edith Windsor and Thea Spyer married in Toronto in 2007 where same-sex marriages were legal. At the time of Spyer’s death, the state of New York recognized the couple’s marriage. However, the IRS denied Windsor use of a spousal estate tax exception on the ground that, under the Defense of Marriage Act (“DOMA”), the federal government did not recognize same-sex marriages for the purpose of federal benefits. The Supreme Court is now being asked to decide DOMA’s Constitutionality. The Obama Administration is not defending DOMA, so a Bipartisan Legal Advisory Group (“BLAG”) from the House of Representatives is doing so, arguing that DOMA is rationally related to the legitimate government objective of providing a uniform definition of marriage for federal benefits purposes. The Obama administration counters that the use of sexual orientation to decide who gets benefits is a suspect classification that deserves higher scrutiny. Under that level of higher scrutiny, the Obama administration argues that DOMA is impermissible. This case can affect what role the federal government can play in defining marriage and who in the federal government can defend the government’s laws. Not only could this case provide large tax savings to Ms. Windsor herself, but it can also make federal benefits available to other same-sex couples who are legally married under the laws of their state.



TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: doma; gaymarriage; homosexualagenda; moralabsolutes; notbreakingnews; obamanation; prop8; ruling; samesexmarriage; scotus; ursulathevk; vanity; zot
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To: mylife

the State in America has been overstepping its authority on the Church since dewey.


21 posted on 06/25/2013 10:33:18 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Viennacon
That's pretty much what Scalia said in his dissent in Lawrence v. Texas - that if the Court refused to uphold state laws based on morality that laws against incest, bestiality, adultery, pornography, etc. would crumble.
22 posted on 06/25/2013 10:35:12 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

How shocking that only 5 years ago Prop 8 was passed in California. It would probably get under 40% of the vote today. It was like the last moral fiber in the state snapped after passage in 2008...


23 posted on 06/25/2013 10:35:55 PM PDT by Wayne07
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To: Lmo56

You may be right. It’s a logical prediction.


24 posted on 06/25/2013 10:36:01 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: uscga77

Amen and amen! There is but one Judge.


25 posted on 06/25/2013 10:38:19 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

The supreme court is about as useful as a washboard in a muddy river full of sludge.


26 posted on 06/25/2013 10:40:29 PM PDT by MestaMachine (My caps work. You gotta earn them.)
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To: JSDude1

As the Church goes , so goes the Nation.


27 posted on 06/25/2013 10:42:28 PM PDT by easternsky
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To: mylife
I honestly can't believe that even the most perceptive FReepers don't follow the money on literally everything . I'll repeat: Washington is composed of lawyers. The President is an (apparently completely inept) lawyer, the Congress is pretty much all lawyers. The Supreme Court is most assuredly composed of lawyers, of course. Everything they do, from EPA wetland BS to "gay marriage" is designed to employ lawyers at every level in this freaking nation, from small town to big city. Imagine a nation completely dedicated to the enrichment of car mechanics, or tech workers. This nation's "leadership" is, at least presently, completely dedicated to the enrichment of one profession: lawyers. Only when this insane focus on one line of work ends will we achieve some kind of sanity.
28 posted on 06/25/2013 10:43:21 PM PDT by JennysCool (My hypocrisy goes only so far)
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To: BuckeyeTexan

This is sad that it has come to this. Marriage is between a man and woman. We wouldn’t have the two sexes if it wasn’t. It should be that simple.


29 posted on 06/25/2013 10:44:21 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: JennysCool

Ted Cruz is a Lawyer too.

Generally Lawyers are best at interpreting law.

It’s a damn shame most of them are crooks.


30 posted on 06/25/2013 10:46:17 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: JennysCool

Being overrun by greedy lawyer-types in government is just another symptom. The root cause of our problems goes much deeper than that I believe.


31 posted on 06/25/2013 10:46:23 PM PDT by Cementjungle
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To: freekitty

It is that simple, but the libtards make it complex by re-defining words.


32 posted on 06/25/2013 10:49:07 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

32 posts at one o’clock in the morning. Lord help us when the decisions come down in nine hours.


33 posted on 06/25/2013 10:50:47 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Lmo56
That is, SCOTUS will rule that federal benefits will be given to gay couples in states that allow gay marriage. And, SCOTUS will overturn lower federal court rulings on Prop 8 and leave it intact - since it was PROPERLY voted on by the residents of CA.

You may be right, but I predict that if that's the case, the issue will be back in front of California voters again very soon and will pass. It was close last time and polling shows support only growing.

34 posted on 06/25/2013 10:51:24 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: BuckeyeTexan
the libtards make it complex by re-defining words.

I hate to be a one-trick pony with regard to my other posts, but that's exactly what lawyers are trained to do.

35 posted on 06/25/2013 10:53:24 PM PDT by JennysCool (My hypocrisy goes only so far)
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To: BuckeyeTexan

Get to bed!


36 posted on 06/25/2013 10:53:54 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: JennysCool

No, you’re correct.


37 posted on 06/25/2013 10:55:29 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: JennysCool
This nation's "leadership" is, at least presently, completely dedicated to the enrichment of one profession: lawyers.

And, historically, who are the customers most responsible for enriching the legal profession, one might ask.

Might I suggest corporations on the one hand. And criminals -- in particular, drug cartels -- on the other.

38 posted on 06/25/2013 10:55:52 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: mylife

Ima goin’


39 posted on 06/25/2013 10:55:53 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: JennysCool

Redefining words is exactly how this progressed.
They are doing it now with guns.

I saw some article the other day that said we should ban “Military style magazines”.

WTF does that mean?


40 posted on 06/25/2013 10:56:54 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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