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Supreme Court finds DOMA unconstitutional

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  • Supreme Court finds DOMA unconstitutional

    WASHINGTON — The Supreme Court struck down a key part of the federal Defense of Marriage Act on Wednesday and declared that same-sex couples who are legally married deserve equal rights to the benefits under federal law that go to all other married couples.

  • #2
    from ACLJ on what it means

    Led by Jay Sekulow, ACLJ Chief Counsel, the American Center for Law and Justice (ACLJ) focuses on constitutional and human rights law worldwide. Based in Washington, D.C., with affiliated offices in Israel, Russia, France, Pakistan, and Zimbabwe, the ACLJ is pro-life and dedicated to the ideal that religious freedom and freedom of speech are inalienable, God-given rights for all people. The ACLJ engages legal, legislative, and cultural issues by implementing an effective strategy of advocacy, education, and litigation that includes representing clients before the Supreme Court of the United States and international tribunals around the globe.


    Essentially, the DOMA ruling means that the federal government must provide the same benefits to same-sex spouses as opposite-sex spouses, if the same-sex marriage has been lawfully performed. In other words, if a gay couple is married in a state that recognizes gay marriage, then the federal government will recognize that marriage on the same basis as a traditional marriage.
    The Prop 8 ruling is far more complex, but the bottom line is that it likely clears the way for same-sex marriage in California. It does not, however, have any real implications for marriages outside of California.

    Critically, neither ruling establishes a federal, constitutional right to same-sex marriage. Those states that have marriage amendments defining marriage as the union of a man and woman are untouched by these rulings. Those states that recognize same-sex marriage are similarly untouched.
    The bottom line? The definition of marriage is reaffirmed as a matter primarily of state law, not federal law. The issue goes back to the states, and for the foreseeable future, states will continue to define the parameters of lawful marriage.

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    • #3
      I snickered reading many comments about this today....so many people understand so little.

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      • #4
        .
        Last edited by Guest; August 10, 2013, 10:56 AM.

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        • #5
          Interested to know if churches will be forced to perform gay marriages or face losing their tax status

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          • #6
            Originally posted by BenWSU View Post
            Interested to know if churches will be forced to perform gay marriages or face losing their tax status
            Highly doubt it because a church can already tell a couple they won't marry them due to numerous reasons

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            • #7
              Originally posted by rrshock View Post
              Highly doubt it because a church can already tell a couple they won't marry them due to numerous reasons
              That all could change. I'm not saying it will change, but you never know. Obama already lied to the Catholic church, guaranteeing the American bishops that if passed, Obamacare would include a conscious clause. As soon as he got their support and the bill was passed, the conscious clause disappeared.

              Anything can happen.
              There are three rules that I live by: never get less than twelve hours sleep; never play cards with a guy who has the same first name as a city; and never get involved with a woman with a tattoo of a dagger on her body. Now you stick to that, and everything else is cream cheese.

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              • #8
                .
                Last edited by Guest; August 10, 2013, 10:56 AM.

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                • #9
                  Originally posted by BenWSU View Post
                  Interested to know if churches will be forced to perform gay marriages or face losing their tax status
                  Pretty likely that this has been discussed and is the long-term plan.

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                  • #10
                    Even if gay marriage is made the law of the land, churches will not be forced to perform them. I don't care how anti-church this president is, DC will never force churches to do it. People can and are legally married without going through a church so there's no point in trying to force one to do something that is against its beliefs. I know ObamaCare is trying to do just that, but I don't see it holding in such cases.
                    Infinity Art Glass - Fantastic local artist and Shocker fan
                    RIP Guy Always A Shocker
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                    • #11
                      Originally posted by pinstripers View Post
                      Pretty likely that this has been discussed and is the long-term plan.
                      I don't think such a thing would hold up in court.
                      Infinity Art Glass - Fantastic local artist and Shocker fan
                      RIP Guy Always A Shocker
                      Carpenter Place - A blessing to many young girls/women
                      ICT S.O.S - Great local cause fighting against human trafficking
                      Wartick Insurance Agency - Saved me money with more coverage.
                      Save Shocker Sports - A rallying cry

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                      • #12
                        President Obama speaking about the Boy Scouts allowing openly gay Scout leaders:

                        "My attitude is gays and lesbians should have access and opportunity, the same way everybody else does. In every institution and walk of life."
                        They never stop, they will eventually sue "every institution" who does not give them "access and opportunity".
                        "Don't measure yourself by what you have accomplished, but by what you should accomplish with your ability."
                        -John Wooden

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                        • #13
                          Originally posted by GoShockers89 View Post
                          Absolutely not. State gay marriage bans are still completely constitutional after this pair of decisions. Even if that changes at some point in a future decision, they won't dare risk First Amendment entanglement with an Equal Protection case. Ignore it if that's what spam emails are saying- they're wrong.

                          Interestingly, if a state allows civil unions (but not actual gay marriage), then gays are still ineligible for federal recognition of marriage benefits if they have a ceremony performed in that state. They have to travel to another state where gay marriage is legal, get hitched, then return to their home state (where intestacy and wills laws won't recognize the validity of the marriage but things like social security benefits will still get applied to their spouse).
                          Too much faith in the government. This is far from over. The gay rights community is already preparing for future legislation and litigation. If you look at the original intent and scope of social security, and compare it with social security today, you wouldn't recognize the two as the same. The whole gay marriage thing isn't all that important of an issue to me, in fact, I don't really care, but this issue is far from settled, and as I pointed out above with the conscious clause, Obama has already muddied the waters with regard to church and state. And that issue could have a much bigger impact than gay marriage.
                          There are three rules that I live by: never get less than twelve hours sleep; never play cards with a guy who has the same first name as a city; and never get involved with a woman with a tattoo of a dagger on her body. Now you stick to that, and everything else is cream cheese.

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                          • #14
                            Originally posted by SubGod22 View Post
                            Even if gay marriage is made the law of the land, churches will not be forced to perform them. I don't care how anti-church this president is, DC will never force churches to do it. People can and are legally married without going through a church so there's no point in trying to force one to do something that is against its beliefs. I know ObamaCare is trying to do just that, but I don't see it holding in such cases.
                            Their goal is to take tax-exempt status away from churches. The argument will be: "We respect your beliefs and your religious freedom. But, if you will not obey the law of the land and continue to discriminate, you will forfeit your "community benefit" and tax exempt status."

                            Look at how this administration is structuring the IRS for enforcing their political goals.
                            "Don't measure yourself by what you have accomplished, but by what you should accomplish with your ability."
                            -John Wooden

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                            • #15
                              .
                              Last edited by Guest; August 10, 2013, 10:56 AM.

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