Thread: DOMA IS DEAD!
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Old 06-26-2013, 08:52 AM   #13
Rohirrim
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Malik Jackson
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Quote:
Originally Posted by Tombstone RJ View Post
DOMA was flawed from the beginning but as Smiling Assassine points out, it's the Supreme Courts decision to uphold the lower courts overruling on Prop 8 that is the ball buster. On one hand the Supreme Court is saying "It's a state issue" but then they are saying "Unless a federal court doesn't like how a state votes, then we can overrule the people." This does effectively end democracy.
The basis of our federalism is that the states can dole out more rights than the Constitution provides for, but they cannot restrict any protected rights. The SCOTUS is saying the California statute is unconstitutionally restrictive. That's what they're supposed to do.
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