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In the next few days, there will be a lot of talk in the news outlets (and presumably CD too) about the upcoming Supreme Court decision in regards to same sex marriage.
The thing that most of the media outlets do is simply state that there is a "big/landmark/etc decision" coming this week. But they do not comment on what the ramifications are. What are the legal possibilities of this decision?
If the justices uphold the Defense of Marriage Act, we likely just go along as we are, where some states have state-recognized marriages?
If the justices overturn the Defense of Marriage Act, does this strike down the states' laws that do not recognize same-sex marriage? Does it make it legal across the nation?
In the next few days, there will be a lot of talk in the news outlets (and presumably CD too) about the upcoming Supreme Court decision in regards to same sex marriage.
The thing that most of the media outlets do is simply state that there is a "big/landmark/etc decision" coming this week. But they do not comment on what the ramifications are. What are the legal possibilities of this decision?
If the justices uphold the Defense of Marriage Act, we likely just go along as we are, where some states have state-recognized marriages?
If the justices overturn the Defense of Marriage Act, does this strike down the states' laws that do not recognize same-sex marriage? Does it make it legal across the nation?
Anyone know?
I think it will be slapped down, because federal government has no business deciding the marriage laws for the states. That is why we have states rights, where the states decide on those things not enumerated to the federal government in the Constitution.
If DOMA is struck down, states would have to recognize same-sex marriages that were solemnized in other states. They would not be required to perform same-sex marriage themselves.
The U.S. Constitution states that full faith and credit shall be given in each state to the public acts of every other state. DOMA was a flagrantly unconstitutional way to try to circumvent that.
Theoretically, the Court could use the other, Proposition 8 case to declare a fundamental national right to same-sex marriage, thereby invalidating state laws prohibiting it, but few people expect them to do that.
The thing that most of the media outlets do is simply state that there is a "big/landmark/etc decision" coming this week. But they do not comment on what the ramifications are. What are the legal possibilities of this decision?
There are many possible rulings and many ways in which the ruling could be enforced. They’re not yes/no, either/or cases.
I think it will be slapped down, because federal government has no business deciding the marriage laws for the states. That is why we have states rights, where the states decide on those things not enumerated to the federal government in the Constitution.
its not going to be slapped down. The Supreme Court has long has a position that marriage, is protected by the pursuit of happiness clause in the Declaration of Independence.
In a country ever more closely linked by electronic data and high speed physical communications the concept of separate "States Rights" is an absurdity. It is only being used by a bunch of cultural and economic bigots to provide a safe haven for their simplistic ideas of "right and proper" despite the legality of their absurdities. We really need one set of laws for the entire country instead of one Federal law and fifty little irrelevancies just complicating commerce and individual lives.
I think it will be slapped down, because federal government has no business deciding the marriage laws for the states. That is why we have states rights, where the states decide on those things not enumerated to the federal government in the Constitution.
Marriage provides federal benefits, thus it's not a purely state's rights issue. The SCOTUS has already declared marriage a Constitutionally protected right.
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