Tags: 5th Amendment, DOMA, DOMA Section 3, Federal Benefits, marriage equality, Prop 8, Standing, Unconstitutional
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At first brush I consider they took a punt on the Prop 8l case. But in their dismissal of standing one thing that is obvious to me is that the bigots can no longer claim standing in states where voter initiative was used to write discriminatory laws. Precedence so to speak is present in there.
In the states that have Constitutional amendments I expect to see a number of federal lawsuits against sitting governors, legislators and the like and when they fail to defend the discriminatory law we win by default since the bigots can no longer claim any harm and therefore no standing in a federal case.
Here’s the Prop 8 decision:
Now on DOMA – I was pretty sure the court would affirm that it is unconstitutional. That they did it under the fifth amendment is interesting.
In case you’re not familiar, here’s the text of the 5th with the relevant element in bold.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Here’s the DOMA Decison:
Life, liberty and property. Does that ring a bell for anyone or did you forget about the Tradition, Family and Property (TFP) dolts.
I find that very interesting that the court chose to go this route. It was in my opinion the easy way out. But it’s effective since it demolishes section 3 of the DOMA law, and therefore most of the DOMA law by default. It is a serious offense to deny a citizen of the U.S. rights to life, liberty or property. It’s an idea that extends from the foundational document of the United States, the Declaration of Independence itself.
But in the end summation what the Supreme Court did was to setup thirty-seven little legal challenges to discriminatory laws and amendments that will resonate onward for a few years.
And of course the bigots at NOM are going a little crazy. It’s because they know this is the end of the line for them. They’ve tried the legislative route and by and large been successful at hoodwinking the public some 31 times. But that tide has turned. They’re on the ropes.
So congratulations to California – marry at will. And to the rest of us we can now marry the person of our choosing in New York, Connecticut, Rhode Island, Massachusetts, New Hampshire, Maine, Vermont, Minnesota, Iowa, Delaware, D.C., Maryland, and Washington and have it RECOGNIZED under some eleven hundred Federal law;. Things like inheritance taxes, survivor death benefits, and a whole host of tax benefits.
U.S. Supreme Court to take up Prop 8 case December 7, 2012Posted by truthspew in Uncategorized.
Tags: DOMA, Gay rights, Marriage, marriage equality, Prop 8, Same Sex Marriage, U.S. Supreme Court
This is interesting news.
The article also mentions the federal DOMA is also being taken up but the court too! This is great news. It means that we gay people will finally be granted our full measure as citizens of the United States should the court rule in our favor once again. And I suspect that when looked at logically both Prop 8 and the DOMA law are blatantly unconstitutional.
I think the reason the courts took up these cases is due to the fact that overall support for marriage equality is rising rapidly. Plus you have, as NOM likes to issue their unctuous crow, 32 states that have state law or constitutional amendments that, again to paraphrase NOM “Unite only man and woman in marriage”.
That kind of thing never sits well with any court, let alone the United States Supreme Court. Courts get downright cranky when you start grouping people into distinct classes. It’s sort of why I say here in RI our right to marry is headed for the judiciary – as it stands there are three or more classes of people in RI now.
Here’s the release:
I direct your attention to 12-144 and 12-307 – that former is the Prop 8 case, the latter the DOMA challenge.
This is a really exciting time to be alive!
Gay Activism at its finest March 18, 2010Posted by truthspew in Gay rights, marriage equality.
Tags: DADT, DOMA, ENDA, Gay rights, marriage equality
1 comment so far
This is what I’ve been waiting for all this time. It is what I’ve said we need to do, we need to be thorns in the side of our legislators. Simply writing letters, calling their office, etc. won’t do it. Direct action is necessary at this juncture.
Look at the whole DADT debacle. The leadership is hemming and hawing about studies, etc. but the reality is that a majority of the citizens of the U.S. support allowing gay people to serve openly in the military. In other major NATO countries that have rescinded the ban, they did at as follows: One a certain date, gay people could serve openly without penalty. Simple.
But today Lt. Dan Choi put a shot across the bow of HRC. He wasn’t asked to speak at the event in D.C. but Kathy Griffith invited him to the stage at which point he invited the crowd to march on the White House. Totally upstaged HRC and Joe Solomonese. In my opinion this is good, HRC needs to be reminded that the nice-nice politics don’t get us anywhere. ACT-UP knew this, and we’re just figuring it out again.
Lots more coverage on the event at Towleroad
Once they got to there Choi and Captain Jim Pietrangelo handcuffed themselves to the White House fence and were arrested.
And now word even says that there was an occupation of Speaker Pelosi’s offices in both D.C. and San Francisco. Excellent, so excellent. It almost sucks having supportive federal people in my state like U.S. Senator Sheldon Whitehouse, or even potential governors who have now publicly proclaimed that they will sign a marriage equality bill when the legislature brings it forward.
In fact every Democratic and Independent and even Moderate candidate has expressed their support, Caprio (D), Lynch (D), Chafee (I), and Giroux (I) and Block (M). That’s progress not to mention a very exciting gubernatorial race here in Rhode Island. Four candidates to choose from in the general election for Governor. Unprecedented. Of course both Republican candidates (Who if I’m asked don’t have a prayer in hell of the governors chair.) maintain the same asinine viewpoints of our current Asshole in Chief, Don Carcieri.
And on the 24th, Marriage Equality Rhode is having a Lobby Day at the Rhode Island State House. Sad thing is, if you can call it sad is my state Representative Steven Costantino and state Senator Paul Jabour are both supporters of marriage equality and I think Jabour has even moved into the co-sponsor column. Woot! But I won’t waste the opportunity, maybe I’ll go talk to Senate President M. Theresa Paiva-Weed.
Not only that AIDS Care RI is having a little welcome soiree for newly minted Speaker Gordon Fox. I’m going to do my best to make that one because I want to talk to Fox and tell him to grow some stones and lead equality through the house.
I’m absolutely giddy with excitement. Like I’ve always said, our politicians are people like us and accessible should we wish to do so.
Lets make ourselves seen, heard and let us get their undivided attention. We will not stop until we have a federal Employment Non-Discrimination Act, we will not rest until Don’t Ask Don’t Tell and the Defense of Marriage Act are repealed. We will not rest until we have FULL equality.