HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » how the doma ruling is li...
Introducing Discussionist: A new forum by the creators of DU

Thu Mar 28, 2013, 07:37 PM

how the doma ruling is likely to go, imho

Although Kennedy’s record on gay rights has given advocates plenty of hope, he appeared reluctant to impose marriage equality on all states, calling that “uncharted waters.” But he was also openly skeptical that DOMA is constitutional, and modestly doubtful about the legal merits of banning gay marriage. He hinted at a federalism framework that says only states may define marriage and the federal government must accept their definition.
Notably, in both cases, Kennedy steered clear of the equal protection framework, advanced by gay rights advocates, that marriage equality bans are inherently unconstitutional.
http://tpmdc.talkingpointsmemo.com/2013/03/anthony-kennedy-gay-marriage-middle-path.php?ref=fpb

this will not result in marriage equality nationwide, but will make the federal government recognize gay marriages from states that allow it.

0 replies, 381 views

Reply to this thread

Back to top Alert abuse

Reply to this thread