Appeals court overturns federal gay-marriage law
A federal appeals court in Boston has ruled unanimously that the Defense of Marriage Act is unconstitutional, in effect reaching the same conclusion as the Obama Justice Department.
The case is almost certainly destined to be decided by the Supreme Court, a fact the appeals court noted in delaying implementation of its ruling until the Supreme Court gets a shot at it.
The ruling is certainly founded in logic and reason. The court ruled that the federal government cannot confer benefits on those who were married under Georgia law or Kansas law and then deny benefits to those married under Massachusetts law, which allows gay couples to marry.
In one example, federal law allows the spouses of military veterans to be buried alongside them in military cemeteries. But DOMA would deny that right to gay spouses of veterans. The court found that violates both the right of gay Americans to equal protection under the law and violates the authority of states to regulate marriage.
– Jay Bookman
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538 comments Add your comment
Doggone/GA - 999.999.999.999 (preserving my anonymity)
May 31st, 2012
4:34 pm
“All this is simply another attempt to accept homosexuals as normal by redefining the term marriage”
Nope. It is an attempt to accept them as EQUAL under the law.
Gale
May 31st, 2012
4:35 pm
OMG, It matters if the cleric at the time was determined to be a civil servant and that was the method of recording in common practice.
Doggone/GA - 999.999.999.999 (preserving my anonymity)
May 31st, 2012
4:36 pm
“Holy cow dude! I dont understand what you are saying.”
Why am I not surprised?
Doggone/GA - 999.999.999.999 (preserving my anonymity)
May 31st, 2012
4:37 pm
“It matters if the cleric at the time was determined to be a civil servant”
Thank you. Marriage is a CIVIL and LEGAL contract. Nice of you to confirm that for us.
Gale
May 31st, 2012
4:37 pm
Oscar, your point about common law marriage is true. Interestingly enough, the states that have passed bans on same sex marriage have also frequently banned common law marriages.
Paul
May 31st, 2012
4:38 pm
Adam 4:15
This issue concerning ‘marriage’ has become so contentious I’m not sure there’s any way around it (federal intervention), particularly if it’s viewed as a ‘right.’
That’s one reason I wondered about Pres Obama’s approach (well, not really, given the political reality). I know Pres Obama didn’t use the word ‘right’ but he did say ‘treated equally.’ I can’t imagine him taking another ‘rights’ or ‘equality’ issue and saying “we’re just going to leave this to the states to decide.”
JamVet
May 31st, 2012
4:38 pm
The radical right wing anarchist has huge self control/self esteem problems, JHM.
He could have written his first diatribe and then let it go, which was fine by me.
But when he got no reaction from me, he devolved into his real self – enraged and irrational.
Embarrassing himself seems no big deal…
BTW, check out his very first post today, downstairs. And take a wild guess whose name with unprovoked personal insult is included?
Oscar
May 31st, 2012
4:42 pm
Yep, that’s why we can’t rely on YOUR MEMORY of which came first. Since you weren’t there.
————–
Have you ever heard of anthropology. They study things like this and there are a lot of books on early human behavior. Marrage and other human customs and how they arose.
Thulsa Doom
May 31st, 2012
4:42 pm
They do loves they Ayn Rand references they do.
Great to see for the 2nd day in a row one of the kooks going BOOM in deference and homage to Doomy. Doomy like it he do.
Doggone/GA - 999.999.999.999 (preserving my anonymity)
May 31st, 2012
4:43 pm
” I can’t imagine him taking another ‘rights’ or ‘equality’ issue and saying “we’re just going to leave this to the states to decide.””
And yet…there are many things that are in exactly that situation. Voting for instance. A state cannot take the vote away from it’s citizens, but each state has differing laws controlling how voting is handled. Marriage is already in that situation. States have differing laws regulating marriages.
Joe Hussein Mama
May 31st, 2012
4:44 pm
Doom — “deference and homage to Doomy. Doomy like it he do.”
I’ve seen people do it to make fun of you, but never out of deference orf homage. I bet you don’t like that, you don’t.
Mister
May 31st, 2012
4:45 pm
“Holy cow dude! I dont understand what you are saying.”
You don’t see the irony in your post?
And I thought I was think as a brick.
Doggone/GA - 999.999.999.999 (preserving my anonymity)
May 31st, 2012
4:46 pm
“Have you ever heard of anthropology. They study things like this and there are a lot of books on early human behavior. Marrage and other human customs and how they arose”
Sure they do, but they weren’t there either…so they can sepculate how marriages were handled based on population memories, but they don’t KNOW – any more than you do – what the original motivation for marriage was. The speculation *I* have seen is that it originated in the desire of men to know that the offspring of their partner was truly their own. That is a CIVIL concern, not a religious concern.
josef
May 31st, 2012
4:47 pm
I’M LIBERAL, etc
@ 3:14
Wydaje się, że inny głupie kawałek gówna gówno powrócił … powiedział, że popełnił błąd, i przeprosił, okay?
bluecoat
May 31st, 2012
4:47 pm
Well lets look at it this way.First the marriage contract negotiated between the parents,before the kids were old enough to assume adult roles.Second step in marriage process took place when the kids reached maturity.The groom would then take the bride to a home he had prepared.The bride would present her dowry,and he would give her gifts.Finally the wedding feast.What puzzles me with this new marriage law is who gets the dowry?
Peter
May 31st, 2012
4:48 pm
As a Christian conservative, I’m certainly glad to see that same-sex marriage is becoming even MORE of an election issue.
Really why would anyone who wasn’t hypocritical say such a thing ?
They BOTH suck
May 31st, 2012
4:49 pm
sheets
Paul
May 31st, 2012
4:49 pm
Adam 4:28
You may want to back up and read some of the comments. If a Muslim church said they wouldn’t do it, then the possibility does exist the state could say ‘you are denying a fundamental right and therefore we will revoke your tax-exempt status.”
barking frog
May 31st, 2012
4:49 pm
blue coat
” who gets the dowry ”
…….
the reluctant one.
Peter
May 31st, 2012
4:52 pm
OK just say it this way…….
As a Christian conservative, who is JUDGMENTAL, and a Hypocrite, I’m certainly glad to see that same-sex marriage is becoming even MORE of an election issue.
That Black Guy
May 31st, 2012
4:53 pm
Mister
May 31st, 2012
4:15 pm
The people making Ayn Rand references don’t seem to know or remember that she was an atheist. Her philosophy is opposite of Christian belief. How do you make that work?
___________________________________________________________________
So, is it ok for a Jewish person to quote Ghandi?
How about an atheist quoting Dr. ML King?
Oscar
May 31st, 2012
4:53 pm
That is a CIVIL concern, not a religious concern
__________
Early societies did not separate civil and religious. Separation of the two came much later. To them, all laws and customs were religious and to break the rules was taboo, a violation of religious laws.
The Fresh Prince of Bill Ayers
May 31st, 2012
4:53 pm
Just give the gays the same rights that hetero couples have. Then they will go do what they do in their private lives and the rest of us can enjoy some d@mn peace and quiet on the issue and move on to better things. And if there happens to be a God who supposedly inspired the bible to be written and the laws and recommendations are pertinent, well then they’re screwed by a celestial being. But who are we to judge? We’re all sinners according to the bible.
Joe Hussein Mama
May 31st, 2012
4:56 pm
Oscar — “Early societies did not separate civil and religious. Separation of the two came much later. To them, all laws and customs were religious and to break the rules was taboo, a violation of religious laws.”
Well, that’d be their mistake then. Fortunately, we’ve progressed since then and are mentally and emotionally capable of separating the two. At least I hope we are.
Thulsa Doom
May 31st, 2012
4:57 pm
Gay marriage thoughts? Hmm. Good for you josef. And as the Godfather once said “I wish you luck- especially since your interests don’t conflict with mine.”
I was a little surprised over the lib gloating on what is usually a side issue for many others. Adam seems beside himself with joy. He’s not gay so I wondered why the sheer delight? Then it hit me. They got nothing else. They sure as hell can’t talk about the economy. Sheesh.
Consumer confidence is way down, the stock market just had its worse one month drop in 2 years, the libs are about to take an asskicking in Wisconsin despite their big talk months back about Wisconsin, O made yet another embarrassing gaffe, quarterly earnings coming out are the worst they’ve been in awhile, the jobs report isn’t looking too hot(150k jobs expected only), for the 7th time in 8 weeks jobless claims are up, David Axelrod got humiliated this morning, O’s landmark legislation is most likely going to get slapped down. Good grief. Is there any good news for the kooks?
Otay. Lemme throw Adam a bone- gas prices are down! Wooohooo! Since demand and economic expectations are rapidly plunging under the O man gas prices are dropping. Aint no doubt- give O full credit!
There ya go libs. Ya got 2 things to celebrate about. Not much else though….
They BOTH suck
May 31st, 2012
4:57 pm
Fresh Prince
Wont just be gays getting “screwed”…………………. Many of those all up in arms about gays will be getting bent over much more than they will ever know
G Mare 71(PLEASE VOTE NO ON TSPLOST)
May 31st, 2012
4:59 pm
Just finished very good book by Zach Wahls called MY TWO MOMS. Zach is 20 years old and his many accomplishments include Eagle Scout. He tells about the love & support of his Lesbian mothers. It is a moving story.
They BOTH suck
May 31st, 2012
4:59 pm
TD
“Since demand and economic expectations are rapidly plunging under the O man gas prices are dropping.”
Whats up man? Not going to get into a drawn out gas price discussion because I think both side play it too much, however you have touted the prices going down under Bush. It was for the very same reasons
Thulsa Doom
May 31st, 2012
5:01 pm
Be honest Joe Mama. You were on your knees yesterday when you said BOOM. Its otay. The adulation has not gone unnoticed.
Paul
May 31st, 2012
5:01 pm
Doggone/GA
“So you’re controlling the behavior and freedom of a student to choose which educational institution they can attend just because they receive food stamps?”
If the school is not taking those food stamps, why should it affect where they go? If it IS taking those food stamps why should the school be exempt from any laws pertaining to those food stamps?”
The student receives food stamps. The student used the food stamps to buy food at the university store. Therefore, the university is receiving federal funds. Therefore, the only school the student could attend are those that do not accept food stamps in the cafeteria or on a quickstop located on the university or one of the university food vendors.
Now I’m wondering if there are any universities at all that meet those criteria.
So now, just to comply with that requirement, you’ve made universities not accept food stamps, so all student working their way thru school using food stamps will be forced to transfer to another school, But they can’t afford to move you’ve forced them to drop out of college.
You’re about to cause a bunch of little kids to wear dog collars.
Nice going, Doggone/GA!
http://www.youtube.com/watch?v=c-zG5U0v3gU
Common Sense isn't very Common
May 31st, 2012
5:03 pm
Both
He is a scumbag that is definite
Doggone/GA - 999.999.999.999 (preserving my anonymity)
May 31st, 2012
5:08 pm
“So now, just to comply with that requirement, you’ve made universities not accept food stamps”
Or…they could choose to accept the foods stamps, and any laws and regulations pertaining to the taking of them and thus increase their potential student base.
Joe Hussein Mama
May 31st, 2012
5:10 pm
Doom — “Be honest Joe Mama. You were on your knees yesterday when you said BOOM.”
Not in the least, Doom. I actually think you’re quite funny when you do that. But not funny as in ‘laugh with you.’ More like ‘laugh AT you’ funny.
“Its otay. The adulation has not gone unnoticed.”
Well, Doom, whatever makes you feel better about yourself. If you need some sort of validation from me to improve your self-esteem, I guess I can be charitable and help you out with that.
That said, I’m heading home to play with my wife. Have a good evening and drive safely.
Peter
May 31st, 2012
5:10 pm
Well all let’s just face it… ALL men are not Created Equal Period.
That is a lie handed down to us from the original signers.
Vast Right Wing Conspiracy
May 31st, 2012
5:28 pm
Intriguing, Jay, that you were not as interested in the four or five Federal rulings declaring Obamacare unconstitutional. How could that be?
Mama Says
May 31st, 2012
6:03 pm
Joe Mama @ 12:45 pm
The argument cannot be about government if the issue cannot be solved with civil unions, which provide equal rights.
The moderate conservatives who are ok with civil unions are told that equal rights mean ” marraige”. If the fight is over the act of ” marraige” then the truth is gays want their union recognized by a religious ceremony.
If gays demanded civil union laws then they would be arguing for equal protection under constitutional law. A ceremony overseen by a priest, pastor or another religious figure is a religious ceremony.
Truthfully as a conservative, I think the government should stay out of the entire matter, they have no right to decide who anyone gives thier benefits to or lives with. But to be gay and argue for “marraige” is the same thing as asking God to sanction your right to continue a sin he denounced.
Given the absolute fact that sin is sin against The Law of God you cannot ask Christians, Muslims or any other religious group to sanction ANY act which God condemns, regardless of what it is. In the eyes of religious people all sins are equal. Given the fact that nobody can say God did not condemn homosexual activity, it is a sin. Religiously speaking we all must recognize our sins, stop committing them, repent and ask for forgiveness. Man, via the government or church leaders, cannot forgive us of any sin. Nor can they declare them void.
Let man sleep with man and woman sleep with woman just stop trying to put it in the same realm as a ” Christian marriage”
I will bet anyone – call it a union and it will be the law of the land, insist on marraige and it never will be.
Peter
May 31st, 2012
6:10 pm
Mama Says . pretty big statement………now what about all the folks divorcing and getting remarried in the CHURCH……
That is NOT a SIN ? PLEASE
Peter
May 31st, 2012
6:23 pm
Let man sleep with man and woman sleep with woman just stop trying to put it in the same realm as a ” Christian marriage”
How are those Christian divorces going ?
Why after a divorce is a Christian able to yet again be married in a church ?
Guess what you, AND the whole of Christianity are judging, and are quite hypocritical..and your argument has zero merit.. and in general……Christianity is a joke for the reasons you mention.