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View Diary: Soft, fuzzy, and all about 'traditional marriage'? No, DOMA was the demon seed of a hate group. (106 comments)

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  •  Nope. DOMA will be struck down, Prop 8 will (0+ / 0-)

    be "struck down" due to a lack of standing by the Prop 8 defenders in the federal court system rather than a decision on the merits.  In other words, the Supreme Court will hold that it has to be the state that defends a law in federal court, not private citizens (or an organization of such).  It is much easier to say "if the state doesn't show up to defend their own law, then don't be surprised if it is struck down" than to get into the whole rational basis mess.

    You have watched Faux News, now lose 2d10 SAN.

    by Throw The Bums Out on Thu Mar 28, 2013 at 11:35:25 AM PDT

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    •  I was pondering what the effect of that would be. (0+ / 0-)

      Does that mean the whole case must start over, with the State mandated to defend it (isn't that some form of involuntary servitude?) or does it mean a default victory for the plaintiffs?

      "To recognize error, to cut losses, to alter course, is the most repugnant option in government." Historian Barbara Tuchman

      by Publius2008 on Thu Mar 28, 2013 at 06:04:10 PM PDT

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