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Civil Rights & Abortion Discuss Doma ruled unconstitutional for denying benefits to same-sex couples at the Political Forums; ...third federal judge to find Doma unconstitutional following a ruling by judge Joseph Tauro in Massachusetts in 2010 and one ...

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Old 05-25-2012, 02:26 PM
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Default Doma ruled unconstitutional for denying benefits to same-sex couples

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...third federal judge to find Doma unconstitutional following a ruling by judge Joseph Tauro in Massachusetts in 2010 and one by judge Jeffrey White in California earlier this year. That ruling is under appeal and is due to go before a circuit court of appeals in September. Thursday's ruling is also expected to be appealed.
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Doma, which was championed by opponents of gay marriage, defines marriage as "a legal union of a one man and one woman as husband and wife". It withholds multiple federal benefits, including joint tax filing and immigration sponsorship, from gay couples legally married under state law.
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Wilken said gays and lesbians were constitutionally protected from "burdensome legislation that is the product of sheer antigay animus and devoid of any legitimate governmental purpose", ...
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Wilken was ruling in a lawsuit filed against the California Public Employees' Retirement System by same-sex couples whose spouses were barred from enrolling in the federally approved insurance program. Wilken said there was no proof the Doma provision was "rationally related to a legitimate government interest".
Doma ruled unconstitutional for denying benefits to same-sex couples | World news | guardian.co.uk

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Old 05-25-2012, 06:21 PM
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Default Re: Doma ruled unconstitutional for denying benefits to same-sex couples

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Originally Posted by saltwn View Post
Well then, it looks like we'll just have to amend the Constitution.

Since the absurdity of same sex marriage has failed in all the thirty-odd States where it has been put to the vote, I don't think that'll be terribly difficult.
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Old 05-25-2012, 06:25 PM
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Default Re: Doma ruled unconstitutional for denying benefits to same-sex couples

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Originally Posted by Oftencold View Post
Well then, it looks like we'll just have to amend the Constitution.

Since the absurdity of same sex marriage has failed in all the thirty-odd States where it has been put to the vote, I don't think that'll be terribly difficult.
Where in the constitution does it say gays can't be married?
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Old 05-25-2012, 08:08 PM
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Default Re: Doma ruled unconstitutional for denying benefits to same-sex couples

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Originally Posted by saltwn View Post
Where in the constitution does it say gays can't be married?
Right after you show us the part of the Constitution that allows a judge to determine the legitimate legislative interest.
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Old 05-25-2012, 08:36 PM
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Default Re: Doma ruled unconstitutional for denying benefits to same-sex couples

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Originally Posted by AZRWinger View Post
Right after you show us the part of the Constitution that allows a judge to determine the legitimate legislative interest.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made,...
...
...
—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.


Article Three of the United States Constitution - Wikipedia, the free encyclopedia
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Old 05-25-2012, 09:38 PM
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Default Re: Doma ruled unconstitutional for denying benefits to same-sex couples

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Originally Posted by saltwn View Post
Where in the constitution does it say gays can't be married?
It doesn't, and I hope it never does. But obviously, since some people have trouble with simple concepts, we need to amend the Constitution to codify that marriage is between one man and one woman. In a sane world, this would not need to be explained to people capable of dressing themselves 4 days out of 5.
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Old 05-25-2012, 09:41 PM
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Default Re: Doma ruled unconstitutional for denying benefits to same-sex couples

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Originally Posted by saltwn View Post
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made,...
...
...
—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.


Article Three of the United States Constitution - Wikipedia, the free encyclopedia
That is not the same thing as legislative interest -- at all.
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Old 05-25-2012, 11:07 PM
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Default Re: Doma ruled unconstitutional for denying benefits to same-sex couples

I am still waiting to hear a good argument as to why gay individuals should not be allowed to marry.

Can we just call DOMA what it is; discrimination against homosexuals?

I loved Bill Clinton, but him signing this law angered me greatly.
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Old 05-26-2012, 07:07 AM
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Default Re: Doma ruled unconstitutional for denying benefits to same-sex couples

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I am still waiting to hear a good argument as to why gay individuals should not be allowed to marry.

Can we just call DOMA what it is; discrimination against homosexuals?

I loved Bill Clinton, but him signing this law angered me greatly.

Just another piece of blow job legislation designed to fool the right wing.
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Old 05-26-2012, 07:32 AM
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Default Re: Doma ruled unconstitutional for denying benefits to same-sex couples

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I am still waiting to hear a good argument as to why gay individuals should not be allowed to marry.
Almost no social norms arise from logical thinking, but they are defended with great vigor. The alternative is chaos.
I suggest people wishing to grasp our culture's outlook on heterosexuality and homosexuality spend a few years reviewing the nature of Western culture, with it's mountains of art, poetry, theater, and music praising real marriage and romance, and its revulsion at the very idea of homosexuality, especially when practiced openly.

Rome, and Greece engaged in exceptions to this in certain classes and at certain times, and have thus become associated with perversion in the Western Cultural outlook.

Cultures have their own rationales and internal consistencies. There is for example, absolutely no compelling logical argument for banning slavery, or for allowing common people to have any input into the governing process, or for the emaciation of women, or the prohibitions on capital punishment for minor crimes. Those are cultural conventions, and ones that most of us would fight for.

In this, and as a matter of fact, just about all cultures, homosexual acts are held to be grotesque perversions, to be held in abhorrence, the practitioners shunned, and most especially isolated from the young. But then so is child prostitution, which again is an illogical prejudice, since children are very, very easy to replace. And yet, who would not take up arms to forbid the practice in our culture?


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Originally Posted by Comet View Post

Can we just call DOMA what it is; discrimination against homosexuals?
No.

Homosexuals are as free to marry as anyone else. They just have to abide by the laws which require them to marry members of the opposite sex, like everyone else.




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I loved Bill Clinton, but him signing this law angered me greatly.
That's because you are not applying rational thought and historical perspective to this particular issue. Before DADT, being a homosexual in the military was a crime, and discovered homosexuals were routinely dischared for bad behavior -- a "scarlet letter" type of discharge that would follow them in future careers.

DADT was a huge advance for gay rights, whatever that is.

But the thinking, such as it is, of the Gay Rights Movement is infantile. It tends to whine about not having their way absolutely, even when it is accommodated largely.

As an interesting aside, this undeveloped, and restricted mode of thought, tends to illustrate Freud's contention that homosexuality arose from retarded or arrested personal development.
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