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Argument recap: DOMA is in trouble
SCOTUSBlog ^ | March 27, 2013 | Lyle Denniston

Posted on 03/27/2013 10:31:59 AM PDT by C19fan

If the Supreme Court can find its way through a dense procedural thicket, and confront the constitutionality of the federal law that defined marriage as limited to a man and a woman, that law may be gone, after a seventeen-year existence. That was the overriding impression after just under two hours of argument Wednesday on the fate of the Defense of Marriage Act.

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


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: doma; gay; homosexualagenda; marriage; scotus; scotusmarriage
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It seems the best case is avoiding a ruling finding all state level Pro-Traditional Marriage laws/amendments unconstitutional.
1 posted on 03/27/2013 10:31:59 AM PDT by C19fan
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To: C19fan
I stopped giving oral argument analysis any weight back when all the “experts” said the individual mandate was gone from Obamacare. I didn't get optimistic yesterday when all the experts said it seemed to go badly for the pro-gay marriage side, and I'm not going to get depressed because they say the opposite in today's DOMA arguments.
2 posted on 03/27/2013 10:34:59 AM PDT by apillar
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To: C19fan

I think the best case is ruling DOMA unconstitutional, and clearly stating that the Federal Government has no business defining marriage at all. Leave the matter to the states.


3 posted on 03/27/2013 10:35:22 AM PDT by henkster (I have one more cow than my neighbor. I am a kulak.)
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To: C19fan

If they rule that the Federal Government has no role in defining marriage, it is left to the States, and if so, to be consistent, than Proposition 8 should be allowed to stand.


4 posted on 03/27/2013 10:35:24 AM PDT by AU72
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To: AU72

Exactly what occurred to me 5 minutes ago. You can’t tell the states to decide the issue and then tell them that their decision on the issue is unconstitutional.


5 posted on 03/27/2013 10:37:36 AM PDT by Shadowfax
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To: C19fan
The Ultimate Argument Against so-called "Gay ""Marriage""=

me: Marriage is between a man and a woman and is very powerful.

Are your parents gay?

Gay Person: No my parents are not gay.

me: There you go!

[def. of parent: " one who begets or brings forth offspring =Webster, 1887]

6 posted on 03/27/2013 10:41:30 AM PDT by bunkerhill7 ("The Second Amendment has no limits on firepower"-NY State Senator Marchione.)
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To: AU72
If they rule that the Federal Government has no role in defining marriage, it is left to the States, and if so, to be consistent, than Proposition 8 should be allowed to stand.

Back when the Court first granted certiorari in these two cases, my prediction was that there would be (1) a 5-4 ruling in the Prop. 8 case that the Constitution doesn't require same-sex marriage, and (2) a 5-4 ruling in the DOMA case that the federal government must recognize any same-sex marriage which is legal in the state where it took place, with Kennedy in the majority in both cases.

7 posted on 03/27/2013 10:41:31 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: C19fan

I think the court will ultimately rule along the lines of what Michael McConnell recommended in his WSJ article.

http://online.wsj.com/article/SB10001424127887324281004578354300151597848.html?mod=googlenews_wsj


8 posted on 03/27/2013 10:42:24 AM PDT by cotton1706
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To: C19fan

Words have meaning not because of “laws”.
Or flash-in-the-pan court decisions.

Words have meaning because of common usage.

I very much doubt the people will ever believe/accept that “marriage” is anything other than one man united with one woman.


9 posted on 03/27/2013 10:47:57 AM PDT by djf (I don't want to be safe. I want to be FREE!)
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To: Lurking Libertarian
Back when the Court first granted certiorari in these two cases, my prediction was that there would be (1) a 5-4 ruling in the Prop. 8 case that the Constitution doesn't require same-sex marriage, and (2) a 5-4 ruling in the DOMA case that the federal government must recognize any same-sex marriage which is legal in the state where it took place, with Kennedy in the majority in both cases.

That's what I thought, but after the Robert's, pretzel bending, decision for the Affordable Care Act anything is possible with this crew.

10 posted on 03/27/2013 10:50:21 AM PDT by AU72
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To: henkster

no because now homsexual immigration becomes federal.

as does polygamy immigration.

you go to no borders because of marriage.


11 posted on 03/27/2013 10:52:00 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: C19fan

Stupid humanity-—after multiple centuries of history here we are debating the definition of marriage.


12 posted on 03/27/2013 10:52:33 AM PDT by tflabo (Truth or Tyranny)
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To: AU72

That’s true. I have argued enough appeals (none before SCOTUS, but before lower federal and state appellate courts) to know that you can’t predict a result based on the questioning.


13 posted on 03/27/2013 10:54:17 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: apillar

Precisely. It ain’t over ‘till the fat lady sings!


14 posted on 03/27/2013 10:56:13 AM PDT by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: All

DOMA was a mccain manuver to stop a federal marriage amendment.

Now we should vote the federal marriage amendment.

period.


15 posted on 03/27/2013 10:56:24 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Lurking Libertarian

The interesting thing was, listening to Rush... He was describing Sotomayor’s questioning of Ted Olson, as to where one can draw a line as to who marries who...
Polygamists are OK?


16 posted on 03/27/2013 10:56:42 AM PDT by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: Lurking Libertarian

I dunno, with ACA Roberts & co seemed to attack the case publicly at first, then look what happened.


17 posted on 03/27/2013 10:57:33 AM PDT by txhurl
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To: longtermmemmory
Now we should vote the federal marriage amendment.

That would take many years... by then, marrying animals will be legal.

18 posted on 03/27/2013 11:01:44 AM PDT by ScottinVA (Gun control: Steady firm grip, target within sights, squeeze the trigger slowly...)
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To: C19fan

Sadly, my prediction is the SCOTUS will vote 6-3 in favor of scrapping all traditional marriage laws. Roberts and Kennedy will side with the majority.


19 posted on 03/27/2013 11:03:47 AM PDT by ScottinVA (Gun control: Steady firm grip, target within sights, squeeze the trigger slowly...)
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To: ScottinVA

with a will, it would take less than six months and NOT require der leaders signature.


20 posted on 03/27/2013 11:04:18 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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