Author Topic: Defense of Marriage Act ruled unconstitutional by judge
Scarne 
Title: Capo di Scientifico
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Subject: Defense of Marriage Act ruled unconstitutional by judge
http://www.latimes.com/news/local/la-me-0223-doma-20120223,0,7882387.story

What a shocking ruling. shock grin

 

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Altra_Shadowstalker 
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Subject: Defense of Marriage Act ruled unconstitutional by judge
Shouldn't they defend this up to the Supreme Court and then throw the lawsuit? That way it'll be struck down for reals instead of being appealed a few years later when some religious nutjobs gets it in their head that their idea of marriage trumps the rights of a minority of American Citizens.

 

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gatzby 
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Subject: Defense of Marriage Act ruled unconstitutional by judge
I'm torn on this issue.

On the first, DOMA is a horrible piece of legislation, and I am glad it is going away.
On the second, the President is bound by oath to execute the laws of this nation, his job isn't to determine constitutionality of said laws. His justice department should have been defending DOMA until it was ruled unconstitutional.

 

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Yukishiro1 
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Subject: Defense of Marriage Act ruled unconstitutional by judge
Um it is totally the president's job to decide not to defend laws he thinks are unconstitutional. I would agree if it were just personal preference but if something is unconstitutional the president shouldn't be defending it in court. Whether he should continue to enforce the law in the meantime is a more difficult question that depends more on the specifics of the situation.

 

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Scarne 
Title: Capo di Scientifico
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Subject: Defense of Marriage Act ruled unconstitutional by judge
gatzby posted:
On the second, the President is bound by oath to execute the laws of this nation, his job isn't to determine constitutionality of said laws. His justice department should have been defending DOMA until it was ruled unconstitutional.

The DOJ still follows and enforces DOMA. They just don't bother arguing for it in court any more because all the arguments they have have already been struck down by judges. grin

 

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Sea_of_inK 
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Subject: Defense of Marriage Act ruled unconstitutional by judge
It will be nice to be equal in the eyes of the state.. some day.

 

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theredkay1 
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Subject: Defense of Marriage Act ruled unconstitutional by judge
gatzby posted:
I'm torn on this issue.

On the first, DOMA is a horrible piece of legislation, and I am glad it is going away.
On the second, the President is bound by oath to execute the laws of this nation, his job isn't to determine constitutionality of said laws. His justice department should have been defending DOMA until it was ruled unconstitutional.


He is required to execute the laws. But that doesnt mean the justice department must defend all existing laws. Those two things arent the same.

 

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