The section of the Defense of Marriage Act that barred same sex marriages from being recognized has been struck down. Proposition 8 was struck down on an exceedingly narrow ruling that said the challenge to the circuit courts ruling of unconstitutionality had no basis. In effect, SCOTUS dodged the question. While I applaud the DOMA ruling, the Prop 8 ruling was decidedly gutless, though I doubt it will matter. Without having ruled on the constitutionality of the law itself, there is no precedent that keeps this from landing on the Court's doorstep again, which it undoubtedly will.
So, any thoughts? Opinions? Diatribes?
DOMA and Prop 8 die long overdue death.
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- Jedi Knight
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- Starship Captain
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Re: DOMA and Prop 8 die long overdue death.
Well since I'm likely the minority opinion I'll just throw out my constant refrain that, all things considered, I'd really prefer a legislative solution, one way or the other, rather than these judicial games. The current path does not see, to be set for coherence and stability.