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| Re: Polygamists celebrate SCOTUS DOMA ruling (1077698) | |||
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Re: Polygamists celebrate SCOTUS DOMA ruling |
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Posted by SMAZ on Sat Jun 29 21:25:07 2013, in response to Re: Polygamists celebrate SCOTUS DOMA ruling, posted by bingbong on Sat Jun 29 20:55:15 2013. Federal law says no. THIW.What federal law? Were you asleep over the last 3 days? That section of the law is dead....dead....DEAD. May God have mercy on its rotten soul. and the Court used very aggressive Fifth Amendment grounds to shitcan it rather than more restrained Tenth Amendment ones. The separate Section 2 (not challenged in Windsor) would have survived future challenges had they used 10th Amendment grounds. It would have even STRENGTHENED it. Now that rump part of DOMA is also on borrowed time. So not only does the federal government have to recognize any legal marriage performed in these United States, but pretty soon, so will all the other States. Soon you will have a sympathetic Edith Windsor-like person moving from Iowa to Missouri and bringing an almost identical case and challenging Congress' use of a Full Faith and Credit Clause exemption to certain duly-performed marriages. Under the Fifth Amendment logic used in Windsor, such an exemption will be deemed constitutionally untenable. I give Section 2 three-four more years in the ICU before they pull the plug on it. |
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