Andylusion
Platinum Member
The term "unquestioned authority" appears in exactly one place in the whole decision, so lets read what it says in context.
DOMA seeks to injure the very class New York seeks to protect. By doing so it violates
basic due process and equal protection principles applicable to the Federal Government.
See U. S. Const., Amdt. 5; Bolling v. Sharpe, 347 U. S. 497 (1954). The Constitutions
guarantee of equality must at the very least mean that a bare congressional desire to
harm a politically unpopular group cannot justify disparate treatment of that group.
Depart*ment of Agriculture v. Moreno, 413 U. S. 528, 534535 (1973). In determining
whether a law is motived by an improper animus or purpose, [d]iscriminations of an
un-usual character especially require careful consideration. Supra, at 19 (quoting
Romer, supra, at 633). DOMA cannot survive under these principles. The responsibility
of the States for the regulation of domestic relations is an important indicator of the
substantial societal impact the States classifications have in the daily lives and customs
of its people. DOMAs unusual deviation from the usual tradition of recognizing and
accepting state definitions of marriage here operates to deprive same-sex couples of
the benefits and responsibilities that come with the federal recognition of their
marriages. This is strong evidence of a law having the purpose and effect of
disapproval of that class. The avowed purpose and practical effect of the law here in
question are to impose a disadvantage, a separate status, and so a stigma upon all who
enter into same-sex marriages made lawful by the unquestioned authority of the States.
#1 - You are on record as saying that only 3 States have legal Same-sex Civil Marriage becasue in only 3 States was it passed by a direct vote (Maine, Maryland, and Washington - with Minnesota voting not to put discrimination in it's State Constitution). Yet here the SCOTUS specifically acknowledges that Same-sex Civil Marriage is valid in New York and New York didn't vote on it at the ballot box.
#2 - When you read the use of "unquestioned authority" in context the court is clearly indicating the New York accepted SSCM and recognized it as valid under their law. That of course they could do, no question about it, they had "unquestioned authority". The paragraph DOES NOT say they they can discriminate against them. The paragraph says that because they choose not to discriminate, that there is no basis for the Federal government to overrule that acceptance and deny them equal treatment under the law.
#3 - You have said numerous times that homosexuals are not eligible for equal protection under the law as a "class". Yet Windsor points out that "DOMA seeks to injure the very class New York seeks to protect." and "This is strong evidence of a law having the purpose and effect of disapproval of that class." Right there is recognition that your "behavior" v. "biology" argument is invalid because the SCOTUS did recognize that the law was intended to injure a class of persons.
#4 - You have also repeatedly in the past said the SCOTUS has never recognized that homosexuals are due equal protection under the laws. As has been pointed out numerous times, that is false. The SCOTUS ruled unconstitutional Amendment 3 in Colorado which targeted homosexuals in the case of Romer v. Evans. That case is also sited in the paragraph above. ("In determining whether a law is motived by an improper animus or purpose, [d]iscriminations of an un-usual character especially require careful consideration. Supra, at 19 (quoting Romer, supra, at 633).")
How will the SCOTUS rule next year? I don't claim to know, but I do know it's not the slam dunk you think it is.
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I have never argued that homos shouldn't have the same equality under the law, that everyone else has.
They simply want more rights than being equal.
Being equal means that everyone is under the same laws.
They *ARE* under the same laws.
They want to change the law to fit their personal views. That's where I tend to have a problem.
When I run around saying this is the new color RED when clearly it's not red, and saying "Equal protection! This is my version of red! You can't tell me my personal preferences are wrong!"
I'm not being 'oppressed by society, or the law'.... I'm being moron.
Equally, when you run around saying there is not equality under the law, when you follow the exact same laws everyone else does.... you are not being oppressed.... you are being an idiot.
In order for you to claim that you are not being treated equally under the law, you have to prove there is something that one group can do, than anther group can not.
Can you prove that? Er... no?
Say that you, or whoever, is the homo, and I'm me.
Tell me...
Can the homo not marry a member of the opposite sex (which is what marriage is, and always has been) just like I can, or anyone else?
Yes. So we are both treated equally.
Can *I* marry a member of the same sex, like you or the homo can not?
Nope... I can't either.
So we are both treated equally under the law.
There is nothing that I can do, that you can not, under the law.
So don't tell me, homos are not treated equally. They are. That's the problem. They want special treatment. They want to redefine a fundamental institution of civilized society.
They want to normalize what is sick and disgusting, and causes health problems, and suicide.
They want to force others to accept whatever they 'make up' is marriage.
Well... you might get some politicians to do that... but you'll never get us to do it.
******* wanted special rights also.
That was the argument we heard in the 50s and 60s.
"They can marry their own now and interracial marriage is giving the ******* special rights"
Give it up.
The difference is, there was actually inequality under the law, and quite frankly, you are insulting every single black person in this country with your comparison. Trying to compare living as a complete slave, to people who want to impose a personal preference on society?
You need to give it up. You are an insult to everything the anti-slavery movement fought, and died for. Stop being such a disgusting and dishonest person. No wonder you are so full of bitterness and hate. Being so unrespectible has consequences in life.