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

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  •  In other words (1+ / 0-)
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    JerryNA

    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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