You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

If you want to challenge DOMA, don't argue equal protection [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
CRYINGWOLFOWITZ Donating Member (246 posts) Send PM | Profile | Ignore Wed Jan-19-05 09:12 PM
Original message
If you want to challenge DOMA, don't argue equal protection
Advertisements [?]
The supreme court wont give gays the status of "suspect class" like it does women and blacks. Therefore laws against gays will probably be upheld if changed over equal protection issues. If you want gay marriage legal, you take the Defense of Marriage Act to the SCOTUS and have them strike it down as unconstitutional. Why? Because of the full faith and credit clause of the constitution. It says:
<<Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. >>
Therefore if gay marriage is legal in one state, say CA or MA, it is legal everywhere. But DOMA says that states don't have to recognize gay marriages in other states. DOMA conflicts with the full faith and credit clause. The SCOTUS has been sympathetic to gays (Lawerance) based on other reasons, such as right to privacy, but not equal protection. The equal proptection argument is uphill. If you want to challenge DOMA and make gay marriage legal everywhere, attack it on full faith and credit grounds.
Printer Friendly | Permalink |  | Top
 

Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC