WorldWatcher
Gold Member
Correction. The law already does agree with him. The highest Law in the Land. In June this year the US Supreme Court Upheld that each state's consensus to choose yes or no on gay marriage is a constitutional right of theirs back to the founding of the country. It cited that each state's populace has a vested and protected interest in setting social norms via marriage as a distinct social institution for doing so. Read the dicta. Future lawyers will be...
1. No it didn't, the DOMA decision was that when the State says "Yes" to SSCM, then the Federal government cannot not recognize it. States that said "No", were not addressed at all. The DOMA was about the Federal government discriminating against couples that were legally Civilly Married, it was not about requiring (or not requiring) States to grant such legal Civil Marriages.
2. Dicta is not stare decisis.
3. Future lawyers would laugh at you if you came in with the idea that DOMA (Section 3 was unconstitutional because it discriminated) and that decision established stare decisis that the discrimination could continue while in the very same term and issued at same time the SCOTUS let stand the Prop 8 case because they didn't vacate the District Court ruling.
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