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View Diary: Anthony Kennedy will overturn DOMA (20 comments)

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  •  Here's a question I've had for awhile: (0+ / 0-)

    It seems to me that there is a legal distinction between a ban and a lack of provision.  A ban, as per Proposition 8, I would see as a violation of equal protection -- although I don't think it would be seen as within the realm of federal jurisdiction to force states to change their current marriage laws.

    So I think I kind of agree with your comment... DOMA does seem to be unconstitutional on its face (at least article 3 if I recall correctly)

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