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DOMA Arigato
Author: BobR    Date: 07/09/2010 11:19:43

In what may be one of the most important court rulings this year, a judge in the U.S. District Court in Boston ruled that the Defense of Marriage Act (DOMA) was unconstitutional. In many ways, this is a huge win for the supporters of gay marriage. The rationale behind the ruling, however, is a double-edged sword.

In his ruling, judge Joseph Tarau stated:
The federal law banning gay marriage is unconstitutional because it interferes with the right of a state to define the institution and therefore denies married gay couples some federal benefits
[...]
The state had argued the law denied benefits such as Medicaid to gay married couples in Massachusetts, where same-sex unions have been legal since 2004.

Tauro agreed and said the act forces Massachusetts to discriminate against its own citizens in order to be eligible for federal funding in federal-state partnerships

The act "plainly encroaches" upon the right of the state to determine marriage, Tauro said...

On the surface, this should also make conservatives' heads explode. Here is a judge using their "states' rights" argument in a ruling that they will undoubtedly disagree with. Implicitly, the judge is saying that the Federal government cannot force a state to deny rights to gay couples.

The other side of that sword, of course, is that it implies that the Federal government can't prevent states from denying rights to gay couples. This can actually be used as ammunition for states that want to ban (or have already banned) gay marriage.

The other aspect of the ruling is that it since it is a district court, it only really applies to the court's jurisdiction:
The rulings apply to Massachusetts but could have broader implications if they're upheld on appeal.

This of course would require the Justice Department to appeal the ruling. If it does, that will anger gay marriage advocates who think the Obama Justice Dept. should leave it as is. There are two things wrong with that. First, if the ruling is left as is, it only applies to Massachusetts, so the opportunity to have the ruling applied nationwide is lost. The other is more philosophical from a political perspective: we on the left were angry when Bush interfered with and influenced the Justice Department. Are we now to expect Obama to do that which we loathed?

Whether or not it gets appealed and ends up in the Supreme Court, there are still two Constitutional aspects to this issue that will eventually make it the SCOTUS. They are equal protection, and interstate commerce. The regulation of the latter is explicitly put under the authority of Congress in Article I, Section 8. Article I, Section 10 also prohibits states from "impairing the obligation of contracts", which could be interpreted to mean the marriage contract from a state which permits gay marriage. Article 4, Section 1 also requires states to recognize the laws of other states.

The 14th Amendment (Section 1) provides equal protection under the law to ALL citizens. This is the approach in the California Prop 8 case, and the one most likely to succeed.

So while this ruling is a positive sign, it is just a first step, and a step into murky water fraught with mines and traps. There is a still a "Loving -vs- Virginia" lawsuit out there that needs to happen before this is finally decided one way or the other. Along the way, we will have to deal with idiot politicians who try to make hay out of this by proclaiming that gay marriage is like incest or that homosexuality should be outlawed. Can we really expect Congress to do anything with that kind of poisonous climate?

 

74 comments (Latest Comment: 07/10/2010 13:18:28 by BobR)
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Comment by wickedpam on 07/09/2010 12:52:26
Morning



You know passing same sex marriage might just spark the economy in a small business sense - when couples get married they usually use small business when making there arrangements - I gotta think there are alot of same sex couples who would like to make those arrangements

Comment by Raine on 07/09/2010 12:56:46
morning!





Comment by Raine on 07/09/2010 13:09:22
as an aside--- I do believe this blog has the best title -- EVER.







Comment by BobR on 07/09/2010 13:10:02
Completely unrelated to the blog, but interesting nontheless: Era of cheap Chinese products may be coming to an end

Comment by Raine on 07/09/2010 13:12:28
Why would anyone want to swim with a cast?

Comment by wickedpam on 07/09/2010 13:13:34
Quote by Raine:

Why would anyone want to swim with a cast?






I'm with John, wouldn't that just work like an anchor?

Comment by wickedpam on 07/09/2010 13:14:12
If karma finally gets you then can it stop hitting me and focus on my neighborhood trouble makers?

Comment by wickedpam on 07/09/2010 13:22:49
Sofia comes in cans

Comment by Raine on 07/09/2010 13:33:03
zOMG -- This is too funny! The Wine Rack Bra

Comment by Raine on 07/09/2010 13:34:05
Quote by wickedpam:

Sofia comes in cans


They are pink right?

Comment by Raine on 07/09/2010 13:36:10
Momma really is a mess.

Comment by wickedpam on 07/09/2010 13:42:23
Quote by Raine:

Quote by wickedpam:

Sofia comes in cans


They are pink right?






yep - Pommery comes in a can too - its called POP

Comment by wickedpam on 07/09/2010 13:46:32
from expericance I can tell you that canned champagne that you drink through a straw goes straight to ya head

Comment by Scoopster on 07/09/2010 13:48:44
Morning all & Happy Fridee!



In other GOOD news... doctors have taken a large step in finding a cure for AIDS

Comment by Raine on 07/09/2010 13:54:37
Quote by wickedpam:

from expericance I can tell you that canned champagne that you drink through a straw goes straight to ya head




OOf. You just reminded me of Champale.



http://beercanmike.com/US%20cans/12%20ounce/c/Champale/Champale-4-F-L.jpg




http://agencytart.files.wordpress.com/2008/01/champale.jpg




http://www.loudbassoon.com/beverages/images/champale.jpg












Comment by wickedpam on 07/09/2010 13:57:12


Comment by Raine on 07/09/2010 14:20:09
Oh those ads Make me TRULY Laugh out loud.



Diane and Earl are my favorite people of the day.

Comment by Raine on 07/09/2010 14:24:56


Comment by Raine on 07/09/2010 14:29:23
Quote by Scoopster:

Morning all & Happy Fridee!



In other GOOD news... doctors have taken a large step in finding a cure for AIDS
This is amazing.



Science!!!



Comment by wickedpam on 07/09/2010 14:30:37
Quote by Raine:







It was nice to hear the person I voted for again, wish he would come out to play more often

Comment by Raine on 07/09/2010 14:39:50
Quote by wickedpam:

Quote by Raine:







It was nice to hear the person I voted for again, wish he would come out to play more often


Based upon looking at his grey hair, I think he's been damn busy with little time to play.



I miss playing with my friend, but I know he's doing his best with a shitty situation of running a country that is in dire straights.



This country allowed a bunch of frat kids to rent our house and he as the caretaker still getting it back in order.



(and THAT my friends was a "Friday anecdote frittata" )

Comment by wickedpam on 07/09/2010 14:45:59
Quote by Raine:

Quote by wickedpam:

Quote by Raine:







It was nice to hear the person I voted for again, wish he would come out to play more often


Based upon looking at his grey hair, I think he's been damn busy with little time to play.



I miss playing with my friend, but I know he's doing his best with a shitty situation of running a country that is in dire straights.



This country allowed a bunch of frat kids to rent our house and he as the caretaker still getting it back in order.



(and THAT my friends was a "Friday anecdote frittata" )






oh no, I know he has - I just want to hear a little more fired up talk when dealing with the jackasses.



I swear I'm gonna write to him one day and ask for advice on deal with idiots

Comment by clintster on 07/09/2010 14:48:56
Meanwhile in the Glenn Beck Oligarhy...



http://cloudfront.mediamatters.org/static/images/item/beck-20100708.jpg




Chalkboards don't have spellcheck.

Comment by Raine on 07/09/2010 15:05:04
Quote by clintster:

Meanwhile in the Glenn Beck Oligarhy...



http://cloudfront.mediamatters.org/static/images/item/beck-20100708.jpg




Chalkboards don't have spellcheck.


OMG.





And I thought I spelled like crap!

Comment by Raine on 07/09/2010 15:07:50
Quote by wickedpam:

oh no, I know he has - I just want to hear a little more fired up talk when dealing with the jackasses.



I swear I'm gonna write to him one day and ask for advice on deal with idiots
I think we are going to be hearing this more going forward.



He sounds like he is done with this crap. I think his latest recess appointment for the head of Medicaid/Medicare is more proof.



Comment by wickedpam on 07/09/2010 15:08:11
1 million dollars is really rich

Comment by wickedpam on 07/09/2010 15:10:26
Quote by Raine:

Quote by clintster:

Meanwhile in the Glenn Beck Oligarhy...



http://cloudfront.mediamatters.org/static/images/item/beck-20100708.jpg




Chalkboards don't have spellcheck.


OMG.





And I thought I spelled like crap!






I've just been fixated on where the station logo happens to fall

Comment by Raine on 07/09/2010 15:11:18
This guy has a company provided car WITH satellite radio?



and he wants to know what rich is?





Comment by Raine on 07/09/2010 15:13:26
ok what sorta irritates me about this question about "what is rich" seem to allude to the fact that there is just rich and poor -- and it totally ignores something called middle class.



How about we start responding to that question with what do they think Middle class is?



and when did it become a bad thing to say -- "I'm Middle Class"

Comment by wickedpam on 07/09/2010 15:13:43
Quote by Raine:

This guy has a company provided car WITH satellite radio?



and he wants to know what rich is?









touche

Comment by Raine on 07/09/2010 15:14:48
Quote by wickedpam:

I've just been fixated on where the station logo happens to fall
I Noticed that too!!!



Oh it's wonderful subliminallness!!!



Comment by livingonli on 07/09/2010 15:22:20
Good morning everyone.



I think no one mentions the Middle Class anymore since the policies of the Cons from Reagan to Chimpy have contributed to killing off the middle class just as Thom Hartmann noted in "Screwed".

Comment by wickedpam on 07/09/2010 15:22:36
Quote by Raine:

Quote by wickedpam:

I've just been fixated on where the station logo happens to fall
I Noticed that too!!!



Oh it's wonderful subliminallness!!!







and I thought it was just me

Comment by Raine on 07/09/2010 15:29:55
Quote by livingonli:

Good morning everyone.



I think no one mentions the Middle Class anymore since the policies of the Cons from Reagan to Chimpy have contributed to killing off the middle class just as Thom Hartmann noted in "Screwed".


But---





The middle class has NOT been killed off. I think that is a very important distinction. Bob and I are neither poor or rich.



I would propose that many people I know are neither poor nor rich. Struggling? That I would agree with.



I know a person online who lives out of a car. He uses the library for internet access.



I am suggesting that if people want to set a bar for "what is Rich" we should not assume that anything less than that (whatever that is) is poor. There is still a middle class and it is struggling -- but it exists.

Comment by Mondobubba on 07/09/2010 15:29:59
Quote by Raine:

Quote by wickedpam:

from expericance I can tell you that canned champagne that you drink through a straw goes straight to ya head




OOf. You just reminded me of Champale.



http://beercanmike.com/US%20cans/12%20ounce/c/Champale/Champale-4-F-L.jpg




http://agencytart.files.wordpress.com/2008/01/champale.jpg




http://www.loudbassoon.com/beverages/images/champale.jpg














:scrolls through blog postings: Champale!

Comment by TriSec on 07/09/2010 15:30:32
Howdy, folks.



I think I can sum up "rich" fairly succinictly.



"Rich" is not worrying about where next month's rent is coming from.



"Rich" is being able to buy something without wondering about what you'll have to cut back on next week.



"Rich" is not telling your kid "we can't afford it."



"Rich" is fishing for fun, not food.



"Rich" is being able to call in sick when you don't feel good, instead of dragging yourself to work so you don't lose a day's pay.





There's probably more, but that's my definition of "rich" since February 2009.









Comment by Raine on 07/09/2010 15:30:44
OH! Good Morning Livin!

Comment by Raine on 07/09/2010 15:33:13
Quote by Raine:

Quote by livingonli:

Good morning everyone.



I think no one mentions the Middle Class anymore since the policies of the Cons from Reagan to Chimpy have contributed to killing off the middle class just as Thom Hartmann noted in "Screwed".


But---





The middle class has NOT been killed off. I think that is a very important distinction. Bob and I are neither poor or rich.



I would propose that many people I know are neither poor nor rich. Struggling? That I would agree with.



I know a person online who lives out of a car. He uses the library for internet access.



I am suggesting that if people want to set a bar for "what is Rich" we should not assume that anything less than that (whatever that is) is poor. There is still a middle class and it is struggling -- but it exists.


Let me add: that person living out of a car? I would consider that poverty.









Comment by Raine on 07/09/2010 15:35:22
I have lived in poverty.



What I am suggesting is that we not define wealth by what "rich" is. It's like trickle down economics -- itr does not work that way.



Wealth -- either emotionally or economically only comes from the bottom up.





Comment by livingonli on 07/09/2010 15:38:04
The Middle Class is not dead but it has taken a beating. I know I've been one of the downwardly mobile during the Bush years. I was living much better in 2000 and 2001 than I am now although things have stabilized since my financial situation took a beating last year.

Comment by Raine on 07/09/2010 15:44:32
Quote by livingonli:

The Middle Class is not dead but it has taken a beating. I know I've been one of the downwardly mobile during the Bush years. I was living much better in 2000 and 2001 than I am now although things have stabilized since my financial situation took a beating last year.


and that is why I said many ARE struggling.



There is no question abut that. I would like to see far less struggling. YES there is an attack on the middle class. But the middle class is not gone.



We do not have to make a choice between rich and poor -- that is what people seem to think they have to choose between -- and I think that meme is being driven by the media.



I do hope I am making sense.

Comment by wickedpam on 07/09/2010 15:45:14
okay - have to run out and buy a plumbing augure(sp) - I accidently flushed one of those clorox wand scrubby pad things last night



toilets flushing but I want to check to see if it in the trap and the plunger didn't get it.



I know TMI - but if I can't share with my friends who can I share with

Comment by livingonli on 07/09/2010 15:52:53
Quote by Raine:

Quote by livingonli:

The Middle Class is not dead but it has taken a beating. I know I've been one of the downwardly mobile during the Bush years. I was living much better in 2000 and 2001 than I am now although things have stabilized since my financial situation took a beating last year.


and that is why I said many ARE struggling.



There is no question abut that. I would like to see far less struggling. YES there is an attack on the middle class. But the middle class is not gone.



We do not have to make a choice between rich and poor -- that is what people seem to think they have to choose between -- and I think that meme is being driven by the media.



I do hope I am making sense.


That makes sense. I think that the conservatives want to kill off the middle class and our happy with a society that has a small wealthy elite and everyone else living in poverty like in the Guilded Age.

Comment by Raine on 07/09/2010 15:54:20
Later Mala! (I suggest a Snake)

Comment by Raine on 07/09/2010 16:01:09
Quote by livingonli:

That makes sense. I think that the conservatives want to kill off the middle class and our happy with a society that has a small wealthy elite and everyone else living in poverty like in the Guilded Age.
If we allow the right wing to define economic status as Rich OR Poor -- as tho it were black and white -- they have won.





I want to see people raised up. When we raise those that have the least-- we all rise together.



That is why I like seeing things like this.
A proposal announced Tuesday at the White House by Cabinet officers, called "Opening Doors," suggests a major shift in the federal approach to homelessness. The effort would be driven mainly by integration of support services and applying state and local models at the federal level, according to the federal Interagency Council on Homelessness.



The effort calls for ending chronic homelessness – where people cycle through shelters and hospitals – and homelessness among military veterans in five years, and for ending homelessness among families and children by 2020. The plan aims to eventually end all types of homelessness.




Comment by Mondobubba on 07/09/2010 16:02:53
Quote by Raine:

Later Mala! (I suggest a Snake)




Auger, snake, same thing.

Comment by BobR on 07/09/2010 16:04:49
Quote by TriSec:

Howdy, folks.



I think I can sum up "rich" fairly succinictly.



"Rich" is not worrying about where next month's rent is coming from.



"Rich" is being able to buy something without wondering about what you'll have to cut back on next week.



"Rich" is not telling your kid "we can't afford it."



"Rich" is fishing for fun, not food.



"Rich" is being able to call in sick when you don't feel good, instead of dragging yourself to work so you don't lose a day's pay.





There's probably more, but that's my definition of "rich" since February 2009.





I agree except for the fishing part. You can fish for fun and not be rich.

Comment by Mondobubba on 07/09/2010 16:06:01
Quote by Raine:

Quote by livingonli:

That makes sense. I think that the conservatives want to kill off the middle class and our happy with a society that has a small wealthy elite and everyone else living in poverty like in the Guilded Age.
If we allow the right wing to define economic status as Rich OR Poor -- as tho it were black and white -- they have won.





I want to see people raised up. When we raise those that have the least-- we all rise together.



That is why I like seeing things like this.
A proposal announced Tuesday at the White House by Cabinet officers, called "Opening Doors," suggests a major shift in the federal approach to homelessness. The effort would be driven mainly by integration of support services and applying state and local models at the federal level, according to the federal Interagency Council on Homelessness.



The effort calls for ending chronic homelessness – where people cycle through shelters and hospitals – and homelessness among military veterans in five years, and for ending homelessness among families and children by 2020. The plan aims to eventually end all types of homelessness.








Raine, I so agree with you about the conservative mindset. It is so totally binary. "American" or "unAmerican," "good" or "evil." There is never anything in between.

Comment by Mondobubba on 07/09/2010 16:16:32
I am watching "All The President's Men." Remember when journalists actually investigated shit?



Comment by Raine on 07/09/2010 16:23:28
Quote by Mondobubba:

Raine, I so agree with you about the conservative mindset. It is so totally binary. "American" or "unAmerican," "good" or "evil." There is never anything in between.
This is why I found the guy on the radio show earlier so puzzling.



He asked what is rich -- and I think he wanted a binary line (nicely put, btw) without the consideration that there is no line.



In respect to governance, it has been suggested that 250,000 dollars a year and up regarding earnings can be taxed at a higher rate -- to to flip it... less than that you get a tax cut.



That those earning over 250,000 would be upset about this don't seem to understand that a 30 cent pack of gum for them is FAR less expensive for them than someone who earns 25,000 dollars a year. It's about progressive and regressive taxes.



We have poverty. We have wealth. What he have right now is an attack do destroy what is in between.



And make no mistake-- the attack is not coming from those that are poverty stricken.