Comments on: Defense of Marriage Act Declared Unconstitutional

By: Timothy Kincaid

Timothy Kincaid — Tue, 12 Oct 2010 23:51:35 +0000

No, Congress cannot circumvent the constitution. But the Courts can find that anti-gay marriage laws are in violation to Due Process and Equal Protections.

By: Patrick Garies

Patrick Garies — Tue, 12 Oct 2010 23:40:53 +0000

Neon Genesis wrote: “If DOMA is unconstitutional because it infringes on states’ rights to decide, does this mean states are required now to put gay marriage to a vote?”

The answer is “no”. These decisions just mean that, if a state chooses to make marriage inclusive of same-sex couples, the federal government must respect that state’s decision and recognize those state-sanctioned marriages as it would any other marriage from that state rather than selectively denying that state’s couples benefits as they do today.

Neon Genesis wrote: “Is it now unconstitutional for the federal government to make gay marriage in all 50 states?”

I would think so.

Congress could presumably circumvent that though by issuing a non-discrimination law covering sexual orientation.

Neon Genesis wrote: “Is Loving v Virginia unconstitutional now?”

No. Only the Supreme Court or a constitutional amendment can change that.

By: John in the Bay Area

John in the Bay Area — Sat, 10 Jul 2010 15:57:52 +0000

Neon Genesis,

A lower court does not have the authority to overturn Loving v. Virginia.

By: Neon Genesis

Neon Genesis — Sat, 10 Jul 2010 13:39:51 +0000

If DOMA is unconstitutional because it infringes on states’ rights to decide, does this mean states are required now to put gay marriage to a vote? Is it now unconstitutional for the federal government to make gay marriage in all 50 states? Is Loving v Virginia unconstitutional now?

By: Priya Lynn

Priya Lynn — Fri, 09 Jul 2010 15:31:28 +0000

Timothy said “No word yet on appeal. The Justice Department is “reviewing the ruling””.

If I remember correctly Obama said something to the effect that although this law is discriminatory his government has to defend laws that are constitutional. This is his opportunity to show some intregrity and refuse to defend this law based on his own assessment of the situation.

By: Burr

Burr — Fri, 09 Jul 2010 01:42:51 +0000

Apparently a ruling in CA is expected soon?

By: Timothy Kincaid

Timothy Kincaid — Fri, 09 Jul 2010 01:41:20 +0000

No word yet on appeal. The Justice Department is “reviewing the ruling”

By: Mark

Mark — Fri, 09 Jul 2010 01:16:36 +0000

“So, what does this mean, really?

Will US Gov. recognize same sex marraige if the state does also? Does it have to go through the appeals process first?”

Well, if the decisions stand it will mean the Feds have to recognize legal state marriages. However, the decisions will almost certainly be appealled all the way up to the SCOTUS.

By: Michael

Michael — Fri, 09 Jul 2010 00:00:53 +0000

I urge everyone to contact their senators and representatives to request that they take immediate action to repeal all aspects of DOMA. Doing so will save the government millions in what amounts to a ridiculous effort defend a law that is so clearly a violation of the constitution.

By: bearchewtoy75

bearchewtoy75 — Thu, 08 Jul 2010 23:25:15 +0000

So, what does this mean, really?

Will US Gov. recognize same sex marraige if the state does also? Does it have to go through the appeals process first?