S
Steveabrous
Guest
First of all let me say That I am a faithful Catholic and hope and pray the supreme court upholds both Prop. 8, and the D.O.M.A. (defense of marriage act). And that I am merely commenting on a news article.
The supreme court is taking up 2 separate issues concerning Gay marriage.
Proposition 8 which is the law passed by voters in California banning Gay marriage. It is being challenged as unconstitutional. And if it is struck down, then all bans on Gay marriage passed in other states go down with it.
And D.O.M.A (defense of marriage act) which denies sames sex couples federal benefits afforded to heterosexual married couples even if they live in a state that legally recognizes same sex marriage. It also, I believe, protects states that deny same sex unions from being forced to recognize a gay marriage performed in another state.
The court is divided into 2 camps; 4 liberals who will side with striking both down opening the way for same sex marriage to be forced down every throat in the nation. and 4 conservatives who will side with upholding both. there is 1 swing vote. Justice Kennedy who will most likely decide the fate of both laws.
In an article I read today:
news.yahoo.com/anti-gay-marriage-law-gets-chilly-reception-key-214100875.html
It seems to suggest that justice Kennedy leans towards striking D.O.M.A. because it interferes with the states right to define and regulate marriage in it’s own state. Taking a states rights position. That may be bad news for D.O.M.A but also good news for prop. 8.
I think it is safe to assume that if the federal gov. has the right to regulate marriage in it’s own state, then it has the right to ban it.
If justice Kennedy is of good conscience he can not take a states rights view on 1 case and a federalist view on the other without being guilty of activism.
The supreme court is taking up 2 separate issues concerning Gay marriage.
Proposition 8 which is the law passed by voters in California banning Gay marriage. It is being challenged as unconstitutional. And if it is struck down, then all bans on Gay marriage passed in other states go down with it.
And D.O.M.A (defense of marriage act) which denies sames sex couples federal benefits afforded to heterosexual married couples even if they live in a state that legally recognizes same sex marriage. It also, I believe, protects states that deny same sex unions from being forced to recognize a gay marriage performed in another state.
The court is divided into 2 camps; 4 liberals who will side with striking both down opening the way for same sex marriage to be forced down every throat in the nation. and 4 conservatives who will side with upholding both. there is 1 swing vote. Justice Kennedy who will most likely decide the fate of both laws.
In an article I read today:
news.yahoo.com/anti-gay-marriage-law-gets-chilly-reception-key-214100875.html
It seems to suggest that justice Kennedy leans towards striking D.O.M.A. because it interferes with the states right to define and regulate marriage in it’s own state. Taking a states rights position. That may be bad news for D.O.M.A but also good news for prop. 8.
I think it is safe to assume that if the federal gov. has the right to regulate marriage in it’s own state, then it has the right to ban it.
If justice Kennedy is of good conscience he can not take a states rights view on 1 case and a federalist view on the other without being guilty of activism.