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To: DesertRenegade

What gets me about this case is that the judge clearly did not apply the law.

Federal law defines marriage as a man and a woman. Yet he ruled that it is against federal law to define marriage as a man and a woman. Are we in Orwell’s “1984”?

He ruled that California defining marriage violates the 14th amendment. He completely ignored the fact that federal law defines marriage. The Defense of Marriage Act is not mentioned in his opinion at all.

Since the case involves how marriage is to be defined, wouldn’t you think that a thorough judge would make note that federal law (aside from 14th amendment claims) defines marriage in the same way as does the stricken down California state law? Since the judge is applying federal law here?

Alternately, how can he strike down California marriage law based on the 14th amendment without also striking down the Defense of Marriage Act?

Who has the right to define marriage in the first place? The people? Legislatures? Federal judges? Lambda Legal?


2 posted on 08/13/2010 10:32:10 AM PDT by Dilbert San Diego
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To: Dilbert San Diego
What gets me about this case is that the judge clearly did not apply the law.

This is one of the clearest examples of judicial activism I've ever seen.

3 posted on 08/13/2010 10:35:48 AM PDT by highlander_UW (Education is too important to abdicate control of it to the government)
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To: Dilbert San Diego

Alternately, how can he strike down California marriage law based on the 14th amendment without also striking down the Defense of Marriage Act?

Not only this, but the judge in the first circuit struck down the DOMA on the grounds that the states had the right to decide their own marriage laws.

There’s a contradiction here (the judges are using whatever they have to to strike down whatever they want to) that will need to be reconciled.


6 posted on 08/13/2010 10:39:27 AM PDT by cotton1706
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