C_Clayton_Jones
Diamond Member
Again, you are taking a small snippet of dicta about the DOMA case and trying to apply it to the Prop 8 as stare decisis. The DOMA case was about FEDERAL RECOGNITION of Same-sex Civil Marriage from a State that choose to recognize it. It had/has no bearing on States that don't recognize it. Such a case has not reached the SCOTUS yet.
1. You complete choose to ignore that in immediately after your out of context cutting that the SCOTUS then says "subject to constitutional guarantees".
2. You try to use the DOMA case to overturn the PROP 8 case but the SCOTUS themselves allowed the Prop 8 District Court ruling to stand. They only vacated the 9th's ruling (which upheld Prop 8), but allowed the District Court ruling to remain as the governing ruling yet it found Prop 8 to be unconstitutional.
Sorry, you are incorrect, but refuse to recognize that your opinion is not grounded in legal fact.
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How can a state choose to ignore a signed Federal law concerning DOMA? Are we setting new precedence where a state can also decide for themselves whether or not they care to recognize Federal Law concerning immigration? Last I checked any state challenge to go against Federal law and determine their OWN state policies was rejected? So which is it? Do we now pick and choose which Federal laws are followed and which can be ignored because the state chooses not to accept it?
Personally I find that gay marriage should be a state issue anyways, but Congress would have to write new legislation countering DOMA .... not simply say we don't like it so we're not going to defend it in court. If that's the case, expect Obamacare to be treated in much the same way from the states.
It is a state issue, provided the state obeys the Constitution, and allows same sex couples access to its marriage law.