DOMA is dead. As it should be. It should have died on a 9-0 vote. But, no, the bible-loving conservative justices dissented and Scalia dissented loudly. The Constitution and case law is clear, the government must have a compelling reason to treat some folks differently than others. There can be no compelling reason for DOMA.
And, in a non-decision that I expected last year, SCOTUS decided they had no business hearing the Prop 8 case. Duh. That chain of events failed when the California Supreme Court decided clowns could defend Prop 8 in federal court.
So, same-sex marriage is again legal in California and the Feds will (eventually) give marriage benefits (and detriments) to any couple who is legally married in their state. On to Full Faith and Credit! A much
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EDIT: READ Scalia's dissent. Whoops! I agree with him. As soon as the Executive said they were not going to defind DOMA, the courts should have been done. The Congress had no authority to defend the law. I'm probably going to edit this post again when I read the dissent on the Prop 8 case. It was "not heard" because of the standing issue. Scalia should have loved that since he just wrote it in his DOMA dissent, so ...
EDIT 2: The dissenting opinion in both cases is the one I mostly agree with. Scalia held fast to the idea that the folks defending had no standing in federal court. He was correct in DOMA. He was not correct in Prop 8. The California Supreme Court gave standing to the idiots defending Prop 8. I like the precedent, though. I hate the initiative system and anything that SCOTUS does to put limits on it is okay with me. I think, though, the majority was looking for a suitable way out of ruling on merits same-sex marriage.
And, in a non-decision that I expected last year, SCOTUS decided they had no business hearing the Prop 8 case. Duh. That chain of events failed when the California Supreme Court decided clowns could defend Prop 8 in federal court.
So, same-sex marriage is again legal in California and the Feds will (eventually) give marriage benefits (and detriments) to any couple who is legally married in their state. On to Full Faith and Credit! A much
---------
EDIT: READ Scalia's dissent. Whoops! I agree with him. As soon as the Executive said they were not going to defind DOMA, the courts should have been done. The Congress had no authority to defend the law. I'm probably going to edit this post again when I read the dissent on the Prop 8 case. It was "not heard" because of the standing issue. Scalia should have loved that since he just wrote it in his DOMA dissent, so ...
EDIT 2: The dissenting opinion in both cases is the one I mostly agree with. Scalia held fast to the idea that the folks defending had no standing in federal court. He was correct in DOMA. He was not correct in Prop 8. The California Supreme Court gave standing to the idiots defending Prop 8. I like the precedent, though. I hate the initiative system and anything that SCOTUS does to put limits on it is okay with me. I think, though, the majority was looking for a suitable way out of ruling on merits same-sex marriage.
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