#101
Posted: 6/26/13 at 10:56am
I expect the first lawsuit suing a state like Florida, in the next few weeks.
Prop 8 & DOMA Decisions Will Be Handed Down Today — Page 5
#102
Posted: 6/26/13 at 11:09am
I think that the comments made by David Boies regarding the 'no standing' decision are critical. By saying that the Prop 8 supporters had no standing, SCOTUS is declaring that others are not harmed or injured by marriage equality. Smart lawyers will leverage that decision in future cases.
"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg."
-- Thomas Jefferson
#103
Posted: 6/26/13 at 11:10am
Sorry, but I'm still confused. From the analysis that I'm listening to, it's sounding like the DOMA ruling allows ALL legal marriages to be recognized on a federal level. So, if you're married in a state where it's legal, you'll be granted federal rights, even if you reside in a state that doesn't recognize your marriage and provide you with state rights.
Updated On: 6/26/13 at 11:10 AM
#104
Posted: 6/26/13 at 11:12am
it's sounding like the DOMA ruling allows ALL legal marriages to be recognized on a federal level.
Yes, correct. Legal marriages as defined by states. States can still determine gay marriages are illegal in their state.
By saying that the Prop 8 supporters had no standing, SCOTUS is declaring that others are not harmed or injured by marriage equality. Smart lawyers will leverage that decision in future cases.
A brilliant statement and well said.
Yes, correct. Legal marriages as defined by states. States can still determine gay marriages are illegal in their state.
By saying that the Prop 8 supporters had no standing, SCOTUS is declaring that others are not harmed or injured by marriage equality. Smart lawyers will leverage that decision in future cases.
A brilliant statement and well said.
Scratch and claw for every day you're worth!
Make them drag you screaming from life, keep dreaming
You'll live forever here on earth.
#105
Posted: 6/26/13 at 11:16am
So, if you're married in a state where it's legal, you'll be granted federal rights, even if you reside in a state that doesn't recognize your marriage and provide you with state rights.
That's my understanding, too. broadwaydevil, do you agree?
That's my understanding, too. broadwaydevil, do you agree?
#106
Posted: 6/26/13 at 11:17am
Wow. Did you see the Prop 8 plaintiffs just get a phone call from Obama? VERY COOL.
#107
Posted: 6/26/13 at 11:18am
"Yes, correct. Legal marriages as defined by states. States can still determine gay marriages are illegal in their state."
So, if you're married in a state where it's legal, regardless of whether or not you reside in a state where it's not, your marriage will be recognized on a federal level. Sounds to me like states can only determine the legality of gay marriages for the purposes of granting state rights.
So, if you're married in a state where it's legal, regardless of whether or not you reside in a state where it's not, your marriage will be recognized on a federal level. Sounds to me like states can only determine the legality of gay marriages for the purposes of granting state rights.
Updated On: 6/26/13 at 11:18 AM
#108
Posted: 6/26/13 at 11:19am
My understanding: if a same-sex couple is married in NY, MA, etc, then move to Texas, they do not receive state-level benefits in Texas, but they do continue to receive federal benefits.
"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg."
-- Thomas Jefferson
#109
Posted: 6/26/13 at 11:19am
Phyllis, that'll be up to the federal government however they decide to enforce this since it's a bit ambiguous. My guess is the Obama administration will say if you're legally married in any state, you're now recognized for federal purposes regardless of where you live. Still, it isn't certain and another administration could easily say the opposite based on this ruling. It will end up back in court but until then, people will be left in legal limbo to that extent.
On a side note, on MSNBC they're interviewing Kris Perry (plaintiff in the Prop 8 case) and the President just called to congratulate her live on air from Air Force One. Pretty incredible!
On a side note, on MSNBC they're interviewing Kris Perry (plaintiff in the Prop 8 case) and the President just called to congratulate her live on air from Air Force One. Pretty incredible!
Scratch and claw for every day you're worth!
Make them drag you screaming from life, keep dreaming
You'll live forever here on earth.
#110
Posted: 6/26/13 at 11:20am
Sounds to me like it's just state rights in the states where it's still not legal that are up for grabs.
Correct. There's still a lot of work to be done to dismantle the discrimination enshrined in the 38ish states that still say same-sex marriages are invalid. But I think this could turn the tide faster than we might have previously expected.
Correct. There's still a lot of work to be done to dismantle the discrimination enshrined in the 38ish states that still say same-sex marriages are invalid. But I think this could turn the tide faster than we might have previously expected.
#111
Posted: 6/26/13 at 11:26am
Hats off to the thousands of activists, both living and dead, who have busted their asses for something like this.
"Impossible is just a big word thrown around by small men who find it easier to live in the world they've been given than to explore the power they have to change it. Impossible is not a fact. It's an opinion. Impossible is not a declaration. It's a dare. Impossible is potential. Impossible is temporary. Impossible is nothing.”
~ Muhammad Ali
#112
Posted: 6/26/13 at 11:26am
^^^^
Yea, I'm thinking the same thing. The whole issue was gaining positive momentum before this ruling.
The snowball has left the station.
Yea, I'm thinking the same thing. The whole issue was gaining positive momentum before this ruling.
The snowball has left the station.
....but the world goes 'round
#113
Posted: 6/26/13 at 11:26am
"There's still a lot of work to be done to dismantle the discrimination enshrined in the 38ish states that still say same-sex marriages are invalid. But I think this could turn the tide faster than we might have previously expected."
Agreed. The fight won't be over until same-sex marriage is legal in every state. But having ALL legal same-sex marriages recognized on a federal level is HUGE! And, frankly, more than I had thought would be accomplished by today's ruling. A truly historic and, for me, life-changing day!
Agreed. The fight won't be over until same-sex marriage is legal in every state. But having ALL legal same-sex marriages recognized on a federal level is HUGE! And, frankly, more than I had thought would be accomplished by today's ruling. A truly historic and, for me, life-changing day!
#114
Posted: 6/26/13 at 11:28am
Well at least federally no more skim milk.
I fought very hard for DOMA to be struck down and this is such an epic victory for everyone in this country. States are one thing, but when the military is obligated to treat couples as couples, CHANGE is this.
I fought very hard for DOMA to be struck down and this is such an epic victory for everyone in this country. States are one thing, but when the military is obligated to treat couples as couples, CHANGE is this.
#115
Posted: 6/26/13 at 11:35am
I am beside myself with joy over this. I am surprised by the raw emotion that flooded over me with each of these decisions. Maybe because I didn't expect that this was going to work out -- certainly had doubts that both could work out.
Congrats, America!
Congrats, America!
If we're not having fun, then why are we doing it?
These are DISCUSSION boards, not mutual admiration boards. Discussion only occurs when we are willing to hear what others are thinking, regardless of whether it is alignment to our own thoughts.
#116
Posted: 6/26/13 at 11:38am
I just got back from standing in front of The Supreme Court It was hot, crowded and despite all of that, an amazing experience. To be there when the rulings came out is something I will never forget.
#117
Posted: 6/26/13 at 11:41am
I am expecting a marriage between these two now since their show takes place in California.
"Between this and what went down in Texas last night, there are probably people at my parent's church whose heads are ready to explode. Sorry, you all lose this week."
Marianne2, I have heard that a second hearing is likely for the 20 week abortion ban since Rick Perry is pro-life.
"Between this and what went down in Texas last night, there are probably people at my parent's church whose heads are ready to explode. Sorry, you all lose this week."
Marianne2, I have heard that a second hearing is likely for the 20 week abortion ban since Rick Perry is pro-life.
#118
Posted: 6/26/13 at 11:51am
Will read the decisions, but sounds like expected outcome! I was very worried. It remains a very scary Court!
#119
Posted: 6/26/13 at 12:30pm
Well... now it's sounding like federal rights will only be granted to those same-sex couples who are legally married AND reside in a state where's it legal and the marriage is recognized. If this is true, while still a historic day, not as epic as I had originally thought.
Updated On: 6/26/13 at 12:30 PM
#120
Posted: 6/26/13 at 12:34pm
Marcus Bachmann can get married in California now 
"There’s nothing quite like the power and the passion of Broadway music. "
#121
Posted: 6/26/13 at 12:49pm
I always go to Ari Ezra Waldman on Towleroad for legal analysis. Broadwaydevil--what do you think of his explanations?
http://www.towleroad.com/2013/06/supreme-court-strikes-down-doma-summary-and-analysis.html
http://www.towleroad.com/2013/06/supreme-court-strikes-down-doma-summary-and-analysis.html
#122
Posted: 6/26/13 at 1:21pm
HRC is already asking for money since they fought so hard to overturn DOMA and Prop 8.
Pretty pretty please don't you ever ever feel like you're less than f**ckin' perfect!
#123
Posted: 6/26/13 at 1:33pm
Yeah, I got that call an hour ago. Shysters.
"...everyone finally shut up, and the audience could enjoy the beginning of the Anatevka Pogram in peace."
#124
Posted: 6/26/13 at 1:38pm
Joey - overall it's a good analysis and as far as I can tell everything is right.
His coverage of scrutiny the Court used is clear and is something I haven't really discussed here. (and it is very relevant!)
However, he does skirt around some of the more complex nuances, in all fairness, probably because there are no answers yet and he doesn't want to conjecture.
First of all, he leaves off the Prop 8 ruling, which again applies only to California. (perhaps that's in another article?)
The other component left out is what's causing lots of discussion here and in many other channels - what about gay couples who are legally married in states allowing gay marriage and move into states that don't allow gay marriage?
The consensus on that is the state will not have to recognize them as married in their view since only section 3 of DOMA was struck down while it's a little confusing if the federal government would say since their current doesn't recognize them, they're no longer married, or, if for federal purposes, since they were once married, they still are. Again that's a question the President will be able to sort out with his legal team and enforce however he wants pending court challenges that will help clear up lots of gaps in these rulings. While it may be great right now that the President has say in this since from all indications he would be pro-gay rights, another President could just as easily take the opposite approach and this will be best left to the courts to decide.
His coverage of scrutiny the Court used is clear and is something I haven't really discussed here. (and it is very relevant!)
However, he does skirt around some of the more complex nuances, in all fairness, probably because there are no answers yet and he doesn't want to conjecture.
First of all, he leaves off the Prop 8 ruling, which again applies only to California. (perhaps that's in another article?)
The other component left out is what's causing lots of discussion here and in many other channels - what about gay couples who are legally married in states allowing gay marriage and move into states that don't allow gay marriage?
The consensus on that is the state will not have to recognize them as married in their view since only section 3 of DOMA was struck down while it's a little confusing if the federal government would say since their current doesn't recognize them, they're no longer married, or, if for federal purposes, since they were once married, they still are. Again that's a question the President will be able to sort out with his legal team and enforce however he wants pending court challenges that will help clear up lots of gaps in these rulings. While it may be great right now that the President has say in this since from all indications he would be pro-gay rights, another President could just as easily take the opposite approach and this will be best left to the courts to decide.
Scratch and claw for every day you're worth!
Make them drag you screaming from life, keep dreaming
You'll live forever here on earth.
#125
Posted: 6/26/13 at 1:49pm
"HRC is already asking for money since they fought so hard to overturn DOMA and Prop 8."
HRC is in the business of being in business. They are the wrong group to send money to.
HRC is in the business of being in business. They are the wrong group to send money to.
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