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Justice Alito on DOMA: Replace Marriage in Federal Statute with ‘Certified Domestic Unit’
Cybercast News Service ^ | March 27, 2013 | Penny Starr

Posted on 03/27/2013 6:09:11 PM PDT by Olog-hai

During oral arguments on Wednesday at the U.S. Supreme Court on a case testing the constitutionality of the Defense of Marriage Act, Justice Samuel Alito suggested that Congress could have used a more “neutral” term than marriage in the law the defines marriage as a union of one man and one woman for federal purposes.

“Congress could have achieved exactly what it achieved under Section 3 by excising the term ‘married’ from the United States Code and replacing it with something more neutral,” Alito said. “It could have said ‘certified domestic units,’ and then defined this in exactly the way that Section 3—exactly the way DOMA defines ‘marriage.’”

At issue is Section 3 of the law, under the definition of marriage: “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.” …

(Excerpt) Read more at cnsnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: District of Columbia
KEYWORDS: alito; doma; homosexualagenda; scotus

1 posted on 03/27/2013 6:09:11 PM PDT by Olog-hai
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To: Olog-hai

Why not just bring back POSSLQ?


2 posted on 03/27/2013 6:11:45 PM PDT by NonValueAdded (If you can keep your head when all about you are losing theirs, you've likely misread the situation.)
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To: Olog-hai

So this could be a 7-2 decision, with only Scalia and Thomas holding out?


3 posted on 03/27/2013 6:17:41 PM PDT by nickcarraway
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To: nickcarraway

Bush f$cked up our future worse than we could have imagined. This is such a simple issue, and nobody is willing to do the right thing... except the two reliable justices.


4 posted on 03/27/2013 6:20:11 PM PDT by Viennacon
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To: Olog-hai
Justice Samuel Alito suggested that Congress could have used a more “neutral” term than marriage in the law the(sic) defines marriage as a union of one man and one woman for federal purposes.

Alito doesn't know that DOMA stands for defense of marriage act and the entire purpose was to define and protect marriage? Is he really this oblivous, plain stupid, or trying to obfuscate his decision with (idiotic) misdirection.

5 posted on 03/27/2013 6:20:45 PM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: Olog-hai

Is this similar to “parental units” from Coneheads? ;-)


6 posted on 03/27/2013 6:24:46 PM PDT by ConjunctionJunction
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To: Olog-hai

My wife would probably define me as a “certifiable domestic unit”.


7 posted on 03/27/2013 6:25:59 PM PDT by CrazyIvan (Obama's birth certificate was found stapled to Soros's receipt.)
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To: Olog-hai

This guy is not defining the law; he is making the law. The libs are doing their best to turn the Justices into liberals and to either blackmail them or make us feel they have turned against us.


8 posted on 03/27/2013 6:27:16 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: NonValueAdded

LOL...forgot about that. Meanwhile, in France they have “parental unit.”


9 posted on 03/27/2013 6:27:32 PM PDT by Paved Paradise
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To: Viennacon

dittos


10 posted on 03/27/2013 6:29:05 PM PDT by dennisw (too much of a good thing is a bad thingGive them --- Joe Pine)
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To: Olog-hai
Justice Alito on DOMA: Replace Marriage in Federal Statute with ‘Certified Domestic Unit’

Replace SCOTUS with 'Black Robed Coven!'

11 posted on 03/27/2013 6:31:59 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: freekitty

sounds like he;s already ruling.

Thanks Bush I only see two judges who understand what an attack on religious freedom and the first amendment


12 posted on 03/27/2013 6:34:43 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Paved Paradise; NonValueAdded

>>LOL...forgot about that. Meanwhile, in France they have “parental unit.”<<

I guess they really WERE from... a town... in France!


13 posted on 03/27/2013 6:35:13 PM PDT by freedumb2003 (Establishment Republicans don't like that totalitarian thing unless it is THEIR totalitarian thing!)
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To: nickcarraway

So this could be a 7-2 decision, with only Scalia and Thomas holding out?


This is what happens when you don’t have vigorous opposition to organized marxists. They have a game plan and stick to it. Their stooge on Hannity today had all the talking points down pat. Opposing them is a bumbling crew in the GOP that can’t decide what to have for lunch.

This issue in particular the beltway GOP are refusing to see the attack on church and state end game here and take this adam & steve circus at face value. Probably because this all just a paycheck for them.


14 posted on 03/27/2013 6:36:43 PM PDT by lodi90
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To: Viennacon

what is so frigging hard to understand
Leave marriage as it has been for thousands of years, all this crap about making an issue complex is pathetic.

We now have judges looking at the wording of this when instead there is nothng to think about,

marriage has been around for thousands of years, do they honestly think the founding fathers would have wanted to men to have feces sex and call it marriage and then attack by lawsuits the religious freedom.


15 posted on 03/27/2013 6:37:15 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: lodi90

Hannity and others are just as much to blame for all of this, they should have been talking about this issue for years and how the homostapo is attacking the first amendment

Instead they;re cowards looking to be pals with the likes of Colmes Beckel, and looking out forhis own pocket an dpower.

Did the left ever state that they shoudl drop the homo agenda?
NO
Did they say reach out ?
NO
Did they say drop this agenda and health care?

DID THEY HELL, THEY GET PLUGGING AWAY FOR DECADES and instead our party shut up, falls to the Alinsky tactics and then I bet Hannity still did not raise this issue as he should ahd defend this


16 posted on 03/27/2013 6:40:07 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Olog-hai

Can they just nuke America and get it over with?


17 posted on 03/27/2013 6:41:29 PM PDT by GeronL (http://asspos.blogspot.com)
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To: Olog-hai

This is destroying the traditions of Western Civilization-—exactly the Brave New World of Marxism.

You need traditions to preserve history and the past-—but Marxists want to redesign human beings into their artificial utopian society where there is no mother and father, family, and children belong to the State. Of course, there is no God-Given Rights-—there are none. State grants Rights and Good and Evil.

We are throwing God out of the Constitution which is unconstitutional. There is no Right to sodomize other people-—that can never be a God Given Right-—which is the only Rights that people have. They are Natural Rights and sodomy is a Vice and unnatural.

There has to be Reason in Just Law-—and they are throwing out reason and replacing it with irrational Marxism where there is no Right and Wrong.

We have Universal Truth enshrined in our Constitution. They are saying there is no truths—no traditions —no Natural Rights-—it is pure evil and unconstitutional.


18 posted on 03/27/2013 6:45:11 PM PDT by savagesusie (Right Reason According to Nature = Just Law)
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To: GeronL

Can they just nuke America and get it over with?


They will do just that when the time is right.


19 posted on 03/27/2013 6:45:35 PM PDT by laplata
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To: manc

I think Alito is saying that we could take the term “marriage” out of the Federal Statute. After all, even if you want to get married in the Church, you still have to have a state license for it to be legal. “Marriage” is a church sacrement between a man and a woman.

So, you don’t let gays pervert the term marriage, you catagorize all unions as “Certified domestic unit” and if you want to have a church union as a man and a woman, you call it marriage, but a marriage license would now be a certified domestic unit.

I am not fond of it, but it is probably the only thing that could save the word marriage as it is intended. I am so sad that the left is ruining this country with BS like this.


20 posted on 03/27/2013 6:50:00 PM PDT by dforest (I have now entered the Twilight Zone.)
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To: dforest

and if you want to have a church union as a man and a woman, you call it marriage, but a marriage license would now be a certified domestic unit.

____________________________

And many churches will have a church union of one man and one man or one woman and one woman.


21 posted on 03/27/2013 6:51:57 PM PDT by Chickensoup (200 million unarmed people killed in the 20th century by Leftist Totalitarian Fascists)
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To: Olog-hai

I think people are misinterpreting what Alito was getting at. The sodomites are arguing that DOMA regulates marriage, a power that they (surprise! Leftists are for state’s rights!) say belongs to the states. Alito was simply saying DOMA didn’t have to refer to a committed male-female sexual union as marriage. They could have called it virtually anything without changing the (heterosexual) definition, just like thousands of other federal statutes that define terms. Alito was basically making the point that defining terms is NOT the same thing as regulating what the term refers to. Note that the pro-sodomite lawyer disagreed with Alito’s characterization, and rightly so as it would have blown a whole through the “federal government is regulating marriage,” anti-DOMA argument.


22 posted on 03/27/2013 6:54:29 PM PDT by CitizenUSA (Why celebrate evil? Evil is easy. Good is the goal worth striving for.)
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To: Olog-hai

Gay is the new way... Gaymerica!


23 posted on 03/27/2013 6:57:00 PM PDT by Third Person (Do the Strandski!)
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To: CitizenUSA

Drat! It would have blown a HOLE through the anti-DOMA argument that the federal government is regulating marriage. I hate it when I do that in my haste to post!


24 posted on 03/27/2013 6:58:39 PM PDT by CitizenUSA (Why celebrate evil? Evil is easy. Good is the goal worth striving for.)
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To: GeronL

No, they prefer torture. A nuking lets America off easy.


25 posted on 03/27/2013 7:00:05 PM PDT by Third Person (Do the Strandski!)
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To: dforest

I can;t get past the fact that we are not talking about the wording and other questions about this.

This is not a complex issue and shuld have stopped at the first court room.

It;s been around for thousands of years, children do better with a mother and a father, why is this such a complex issue, have the western world gone completely nuts and lost their marbles, has common sense gone for eevr?

I’m so frigging frustrated about this, for my kids, for America, for those who will be sued over this and our side who never spoke on the issue or said lets reach out, as well as the communist left which infitilrated the Dem party


26 posted on 03/27/2013 7:01:10 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: CitizenUSA

Won’t fly with Sodimites. They want the language. They think calling it marriage legitimizes their abomination. It doesn’t. All it does is cheapen the word.


27 posted on 03/27/2013 7:02:24 PM PDT by gov_bean_ counter (American needs a Romans 1: 18-32 wakeup call...)
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To: Olog-hai

people here don’t understand what the issue is.

if three fags, a chimp and a potted plant want to
say they are married, that is OK with me.

what I don’t want is the three fags claiming, tax bennies,
survivor bennies, immigration BS, etc.


28 posted on 03/27/2013 7:08:29 PM PDT by RockyTx
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To: gov_bean_ counter

Exactly! That’s why the sodomite lawyer disagreed with Alito’s characterization. The sodomites want they’re abnormal sex acts to be called “marriage,” but they aren’t simply out for tolerance. They mean to stamp out religious as well as natural law objections to what they do. Marriage is just a step in that direction, but it’s an essential step.


29 posted on 03/27/2013 7:08:40 PM PDT by CitizenUSA (Why celebrate evil? Evil is easy. Good is the goal worth striving for.)
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To: RockyTx

RockyTx: “what I don’t want is the three fags claiming, tax bennies, survivor bennies, immigration BS, etc.”

They want the benefits, but that’s not the end game. The end game is the destruction of freedom of religion, private property rights, and free speech. They see this as a civil rights issue, and civil rights trumps everything else. It happened, rightly so, during the civil rights era. You can be charged with a hate crime if you utter a hostile word to a protected minority, and you can be sued if you refuse business to a protected minority.

The sodomites will not be happy until all dissent is tossed out and reality is turned on its head. You see, we’re haters, but no matter how hard I try to believe 2 + 2 = 5, I still come up with 4. (1984)


30 posted on 03/27/2013 7:14:59 PM PDT by CitizenUSA (Why celebrate evil? Evil is easy. Good is the goal worth striving for.)
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To: Olog-hai

“There are those who believe that a new modernity demands a new morality. What they fail to consider is the harsh reality that there is no new morality. There is only one morality...all else is immorality. There is only true Christian ethics over against which stand the whole of paganism”.... President Theodore Roosevelt


31 posted on 03/27/2013 7:15:38 PM PDT by tflabo (Truth or Tyranny)
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To: CitizenUSA

ARGH! Their, not they’re! I’m really messing up posts tonight.


32 posted on 03/27/2013 7:15:50 PM PDT by CitizenUSA (Why celebrate evil? Evil is easy. Good is the goal worth striving for.)
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To: CitizenUSA

Well, Paul Clement is actually the lawyer representing the House in defense of DOMA, not the pro-sodomite lawyer (to use your term), but I think you’re probably right about the point Alito was making.


33 posted on 03/27/2013 7:25:58 PM PDT by Yardstick
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To: GeronL
"Can they just nuke America and get it over with?"

They're tempting other nations to do it for them.


34 posted on 03/27/2013 7:33:51 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
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SCOTUS is just screwing with Intrade.


35 posted on 03/27/2013 7:36:42 PM PDT by Gene Eric (The Palin Doctrine.)
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To: manc

I wish that they would look at the CAUSE of the original lawsuit. The woman had to pay a horrific tax on her “friend’s” estate when it was willed to her. WHY? Isn’t that discriminatory taxation? Because the money had already been taxed from the person who earned it, why is it taxed again ONLY for some people? Why does ANYONE have to pay tax on it?


36 posted on 03/27/2013 7:46:58 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: Olog-hai

The Supreme Court - About to Play God Again?


37 posted on 03/27/2013 7:49:57 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: Chickensoup

The new-found respect for states’ rights is what really amazes me. Where did that come from? More importantly, where has it been for the last 70 years?


38 posted on 03/27/2013 7:53:45 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: NonValueAdded

that brings up and interesting point.

cohabitating homsexuals, assuming doma is judicially relegislated, will have companies drop the partners from cohabitation benefits.


39 posted on 03/27/2013 7:58:07 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Yardstick

You’re right. It appears I misinterpreted the discussion. I think the justices often attempt to help their favored side during oral arguments. I’m not sure oral arguments change many (any?) minds on the court. It appears the justices use the oral arguments to refine and make a public case for their own positions. In this particular situation, Alito might have been trying to help the pro-marriage lawyer, Clement, to better make his point that the federal government is not regulating marriage.

DOMA does not prevent a state from saying a ham sandwich is a “marriage” and paying for whatever benefits it thinks the ham sandwich deserves (if it so chooses). In other words, DOMA does not regulate marriage or tell a state what it can or cannot do. All DOMA does is say the federal government defines marriage as a heterosexual union of one man and one woman only—for FEDERAL matters. That definition does not affect state law at all, nor does it violate equal rights. A male with homosexual attractions has as much right to marry a woman as any other male. They can even marry another male in a pro-sodomy state. They just won’t be treated as a married couple by the federal government. The federal government is not required to defer to state law.


40 posted on 03/27/2013 8:06:32 PM PDT by CitizenUSA (Why celebrate evil? Evil is easy. Good is the goal worth striving for.)
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To: CitizenUSA

Yep, exactly, although I’d be surprised if any of the justices, even the conservative ones, put forward the argument about equal rights that you mention.


41 posted on 03/27/2013 8:16:01 PM PDT by Yardstick
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To: Olog-hai

Hey Sam Alito— maybe we ought excise the term United States supreme court and replace it with something more neutral say Oligarchy of Despots?


42 posted on 03/28/2013 1:41:13 AM PDT by StonyBurk (ring)
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