1st US Circuit Court rules DOMA Unconstitutional

[wehotex]

Originally Posted by Green Onions

The Ninth will probably rule similarly, soon.

They'll grant cert. The four votes are there. It would certainly be an odd circuit split for the feds to have to provide, for example, spousal benefits to those in the First and the Ninth, but not in any of the other circuits. The Supremes don't like circuit splits in general -- this is the type they abhor, virtually guaranteeing that cert will be granted.

When that happens, you couldn't have a clearer case for the "full faith and credit" clause of the Const. If Scalia and the conservative wing are such strict constructionist of the Constitution- "that's in there". How could they rule any differently but to say that denial of marriage equality is unconstitutional?

[Greatday]

Originally Posted by geeoro

As with ALL change.......... one step at a time. Same sex marriage WILL be put into the law here.... the sooner the better!

I trust you are aware that a majority of the states have banned / outlawed same sex marriage and the list is growing. You are aware of this, aren't you?

[Green Onions]

Originally Posted by Greatday

I trust you are aware that a majority of the states have banned / outlawed same sex marriage and the list is growing. You are aware of this, aren't you?

The list is not growing.

At present, 44 states do not allow same-sex marriage.

1 of them does not actually ban them but declines to allow them to be performed -- New Mexico.

1 of them has had its ban on same-sex marriage overturned by a federal District Court and Court of Appeals, though implementation of the ruling has been stayed pending appeals -- California.

2 of them have passed laws allowing for same-sex marriage, but said laws have not yet gone into effect and are likely to be further delayed until after Election Day do to referenda -- Maryland and Washington.

The number of states that actually ban same-sex marriage has been falling since 2004, when Massachusetts became the first state to enact a same-sex marriage law.

By January 1st, the aforementioned California, Maryland and Washington -- as well as Maine -- are all likely to joint the six states that currently allow for same-sex marriage.

[Green Onions]

DOMA ruled unconstitutional by yet another federal court -- in this case, the District Court for the Southern District of New York.
N.Y. Federal Court Rules DOMA Unconstitutional | TPM Livewire

This District Court joins the Northern District Court of California and the First Circuit Court of Appeals in ruling Section 3 of DOMA unconstitutional.

[hammertime33]

Another day, another court rules DOMA unconstitutional

NY judge joins several others in striking down component of federal Defense of Marriage Act - The Washington Post


edit: lol Green Onions. We must have searched for this thread and been writing out posts at the exact same time.

[Green Onions]

More from SCOTUSblog:
DOMA gay benefits ban falls again : SCOTUSblog

For the third time in recent weeks, and the fourth time this year, a federal court — this time a District Court judge in New York City — has struck down the 1996 federal law that barred legally married same-sex couples from obtaining any benefits available under federal law. U.S. District Judge Barbara S. Jones ruled on Wednesday that Congress in enacting the Defense of Marriage Act had no valid reason for interfering with states’ power to decide who may marry. Like most of the recent rulings, Judge Jones’s opinion was a narrow one that did not recognize a federal constitutional right for same-sex marriage.

And the decision itself:
http://sblog.s3.amazonaws.com/wp-con...ing-6-6-12.pdf