DOMA and Prop 8
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Thread: DOMA and Prop 8

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    Posting Addict Alissa_Sal's Avatar
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    Default DOMA and Prop 8

    I can't believe no one has posted this yet!

    As I'm sure most of my fellow debate junkies know, the SCOTUS struck down DOMA and ruled no on Prop 8. Thoughts? Does this mean that gay marriage is inevitable in the US?
    -Alissa, mom to Tristan (5) and Reid (the baby!)

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    It's a very necessary step, and yes, it is clearly inevitable. It's embarrassing that it's so slow, but I'm so glad it's happening. It has been a very exciting day.
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    Mega Poster mom3girls's Avatar
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    I do think it is inevitable. I am not pleased with this ruling. I want gay marriage to be legal. But I also think the tides of public opinion were heading towards marriage equality and I think this ruling will set public opinion back. I just really feel that if the court did not rule on this now, within 5 years the nation would have made this decision
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    I think they purposely stayed out of prop 8 so they wouldn't have to make a decision on it. So essentially it is still up to the states to decide. Glad I live in Texas.
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    Posting Addict Spacers's Avatar
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    I think both decisions were excellent. The court in the Prop 8 decision absolutely did right by focusing on the fact that the proponents in that case did not have legal standing, and by not extending their ruling beyond that limited scope. Give the people of other states the chance to do the right thing and legalize gay marriage the right way, through legislation and/or the initiative process and not through court order.

    ETA: in response to Gloria, when enough states have legalized it, the others will be forced to because it will become an Equal Protection argument.
    70% of the U.S. population now lives in a state where same-sex marriage is legal. At 36 and counting!

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    I am so confused by this idea that it can be up to the states. If a couple marries in China, and moves here, they are married. But if a couple marries in New York, they can be not married in New Jersey? It doesn't make ANY sense.
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    Posting Addict GloriaInTX's Avatar
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    Quote Originally Posted by freddieflounder101 View Post
    I am so confused by this idea that it can be up to the states. If a couple marries in China, and moves here, they are married. But if a couple marries in New York, they can be not married in New Jersey? It doesn't make ANY sense.
    That is why we are the United STATES. Any power not specifically given to the federal government in the Constitution is left up to the states to decide. The Feds already overstep that boundary way too much.
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    Posting Addict Alissa_Sal's Avatar
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    I was pleased to see the rulings, but I agree with Gloria that they sort of punted and made it into even more of a states rights issue, especially their ruling on Prop 8 (no standing vs it being unconstitutional.)

    The DOMA ruling raises some interesting questions. What happens if a same sex couple gets married in a state that has gay marriage, they receive federal benefits, and then they move to a state that does not have same sex marriage? Can a state strip a couple of federal recognition and benefits that they've already been given? Or will they be considered married for all intents and purposes by the fed government but not the state? I'm guessing that is going to lead to new lawsuits which may or may not lead to it no longer being decided by the state after all.

    Having said all that, I do think that country-wide gay marriage is inevitable. I just don't know that these rulings make it any more so than it already was.
    -Alissa, mom to Tristan (5) and Reid (the baby!)

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    Posting Addict Alissa_Sal's Avatar
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    Quote Originally Posted by freddieflounder101 View Post
    I am so confused by this idea that it can be up to the states. If a couple marries in China, and moves here, they are married. But if a couple marries in New York, they can be not married in New Jersey? It doesn't make ANY sense.
    Good point!
    -Alissa, mom to Tristan (5) and Reid (the baby!)

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    Quote Originally Posted by GloriaInTX View Post
    I think they purposely stayed out of prop 8 so they wouldn't have to make a decision on it. So essentially it is still up to the states to decide. Glad I live in Texas.
    So am I

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