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Justices Cast Doubt On Federal Defense Of Marriage Act

Started by LearnedHand, March 28, 2013, 08:34:11 AM

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DriftingCrow

http://www.npr.org/2013/03/27/175476904/justices-cast-doubt-on-federal-defense-of-marriage-act?sc=tw
Author: Nina Totenberg Source: National Public Radio

Nina Totenberg discusses the oral arguments from the DOMA case which was heard yesterday, and based on the questions asked, same-sex marriage supports have hope. The justices wanted to know why President Obama still enforces a law which he refuses to defend in court, commented that the plaintiff had a "classic injury", and pointed out that questions of marriage were traditionally left to the states to define. Justice Sotomayor said "So they can create a class they don't like — here, homosexuals," and treat them differently under federal law when it is state law that deals with marriage, she asked."

Kagan asked: "Do we really think that Congress was doing this for uniformity reasons, or do we think that Congress' judgment was infected by dislike, by fear, by animus and so forth?" she also mentioned that Congress passed this law based on moral judgments. Justice Roberts questions that Plaintiff if it was really passed based on moral disapproval, and seemed to suggest that the Supreme Court may not be needed since same-sex supporters are becoming strong politically and could change this through the democratic process.

A decision is expected at the end of June.
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Shantel

None of this including GLBTI issues, who's sleeping with who, abortions or any of this tripe should be the business of the Federal Government anyway, it's a all state's rights issue and if a person doesn't like how one state deals with it they are welcome to move to a different state where such issues are handled differently or come up with a referendum and work for change. None of this should fall under US constitutional oversight as it dissipates the intent of the US constitution as it was written, and usurps the authority and strength of individual states and their constitutions. I don't want to see Big Brother pull me out of bed because I'm sleeping with another woman, nor do I want the Federal Government telling me how to eat, sleep and sh*t either.
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Brooke777

I'm fine with the federal government telling me not to do things that could hurt someone else. But who I choose to spend my life with is non of their darn business. They have no reason to try and keep two people apart.
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