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View Diary: The SCOTUS Stopped Short of Equal Protection. DOMA Still Hurting LGBT. (20 comments)

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  •  You could go to courts now (3+ / 0-)
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    jpmassar, terrypinder, skrekk

    on Equal Protection.  The point is simply removing Section 2 of DOMA doesn't change anything.  More litigation is needed.

    One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

    by AUBoy2007 on Thu Jun 27, 2013 at 10:11:10 AM PDT

    [ Parent ]

    •  In other words (1+ / 0-)
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      a law (Section II of Doma) does not supersede the US Constitution.

      But someone has to challenge the non-recognition of same-sex marriages by other states as a violation of the US Constitution.

      But people have been unwilling to do so UNTIL NOW because of serious fear that the Supreme Court would rule against them, leaving a horrible ruling intact for years and years.

      But now the language of the DOMA (Section III) ruling (as Scalia helpfully pointed out) can be used to plausibly argue that non-recognition is a violation of equal protection, etc.  The argument might still lose, but it has a much better chance.  (It would have a much better chance were one of the conservative justices to be replaced before the case reached the Supreme Court by a Obama appointee)

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