1st Circuit Court of Appeals overturns DOMA provisions

[Indira]

Excellent news. Unlike those who claim that it would destroy the Western world (I'm pretty sure that was said about mixed marriages as well) I see no reason to not legalise gay marriage

[Norstal]

Your cruelty towards people who have done nothing to you and nothing to deserve such treatment is not "the moral center" but quite the opposite.

"Cruelty?" Contrary to liberal belief, we are not Big Brothers who use torture on everyone who disagrees with us. They are guilty, they are guilty of sexual perversion. Sexual preference is their choice, and they simply have to face the consequences of that choice.

Why is there always one person who ruins the party?

[Free South Califas]

Yes on all counts. Good news indeed.

You are basically saying that the degradation of the moral center of America is good....

Not "basically", Ifreann doesn't seem to be hedging.

Yes, the degradation of the moral center of America is a good thing. Because morality, like justice, is diffuse and creeps into every aspect and function of life, and in innumerable idiosyncratic ways every time it rears its head for good or for bad. The idea of a central morality is anti-democratic, imperial, racist*, and belies a desire for mastership over the lives of others, which is just completely unacceptable in a free society.

* You may like the "moral center" we have now, but what about the moral center of 1776-1960s? If everyone had adopted the American moral center as their own at any point during that time period, we would not have a revolutionary moral concept called civil rights. Morality is for the people to decide for ourselves, not to be imposed by those who fear freedom.

[Free South Califas]

I'm quite aware of what I said. If the moral centre of America would oppress gays then hells yeah degrade it. Tie it up in the sex dungeon and degrade the shit out of it.

We would no longer be civilized. Abandoning the morals which have prevented Western civilization from killing itself off is the most idiotic thing one can do.

No, proto-fascist cults taking credit for the efforts of billions of free individuals in upholding a society where people are allowed to disagree with them is the most idiotic thing one can believe. And the most idiotic thing one can do is to argue for your cult's position with petulant, small-minded bromides like "Abandoning this vague principle I use to justify my bigotry is the most idiotic thing one can do."

[Franklin Delano Bluth]

This is terrible. I do hope it is undone soon.

So you reject Christianity, you're an enemy of liberty, you're a friend of depravity and perversion and immorality, and you hate America and the principles upon which it was founded?

[No-Ghost Zone]

The haunting of America is bigger than ever...and the government/media focuses on whether gay marriage should be allowed...

[Ifreann]

The haunting of America is bigger than ever...and the government/media focuses on whether gay marriage should be allowed...

Because they're all ghosts.

[Franklin Delano Bluth]

The haunting of America is bigger than ever...and the government/media focuses on whether gay marriage should be allowed...

Because they're all ghosts.

They crossed the streams...

[Caninope]

*snip*

Thank you for explaining it to us non-lawyers.

Also, that was a wonderful paraphrase.

[Wikkiwallana]

Or, to put it more accurately, the First Circuit Court of Appeals has upheld the Massachusetts District Court's decision to overturn certain portions of the Defense of Marriage Act as unconstitutional.

Specifically the Court has invalidated provisions of the law that deny federal benefits to same sex couples, such as tax breaks, if they were legally married in any state. Under the Court's ruling, the federal government must grant the same benefits to same sex coupls as it does to differing sex couples, provided the same sex couple has been legally married

The Court was not asked to, and did not address, the constitutionality of other questionable pieces of DOMA, which states that no state can be required to recognize a same sex marriage performed in any other state. Experts have argued that this piece (which was not subject to this court's ruling and has not been struck down) violates the Full Faith and Credit Clause of the US Constitution.

The Court's analysis focused primarily on 5th and 14th amendment arguments, and seems to be suggesting a move away from a "rational basis" test, and into a realm of heightened scrutiny, when addressing discrimination on the basis of sexuality.

Unfortunatly, this ruling does not have much legal force, and only impacts those states under the 1st Circuit jurisdiction, and where same sex marriage is allowed (New Hampshire and Massachusetts). Additionally, in anticipation of the issue being appealed to the United States Supreme Court, the Circuit Court ordered its own ruling stayed, pending possible appeals.

In interesting bi-partisan support, the opinion was joined by Chief Judge Lynch, a Clinton appointee, and Judges Boudin and Tourrella, appointed by H. W. Bush and Reagan respectively.

The text of the decision may be found here.

So, NSG, what say you? A positive move? A step in the right direction? Not far enough? Degredation of the moral center of America?

About time, yes, yes, yes, and and legislating morals is a bad idea, respectively.

[Wikkiwallana]

Yes on all counts. Good news indeed.

You are basically saying that the degradation of the moral center of America is good....

Let's degrade it faster, I say, law and morality are very different issues and should be entirely separate.

[Simon Cowell of the RR]

Yes on all counts. Good news indeed.

You are basically saying that the degradation of the moral center of America is good....

When the government tries to enforce it, heck yeah!
It doesn't hurt anyone, now does it?

[Hammurab]

You are basically saying that the degradation of the moral center of America is good....

When the government tries to enforce it, heck yeah!
It doesn't hurt anyone, now does it?

If I were a power top, I'd make it hurt so good.

C'mon baby, I'd make it hurt so good.

Evidently, sometimes love don't feel like it should.

Hurt so good.

[No Water No Moon]

Or, to put it more accurately, the First Circuit Court of Appeals has upheld the Massachusetts District Court's decision to overturn certain portions of the Defense of Marriage Act as unconstitutional.

Specifically the Court has invalidated provisions of the law that deny federal benefits to same sex couples, such as tax breaks, if they were legally married in any state. Under the Court's ruling, the federal government must grant the same benefits to same sex coupls as it does to differing sex couples, provided the same sex couple has been legally married

The Court was not asked to, and did not address, the constitutionality of other questionable pieces of DOMA, which states that no state can be required to recognize a same sex marriage performed in any other state. Experts have argued that this piece (which was not subject to this court's ruling and has not been struck down) violates the Full Faith and Credit Clause of the US Constitution.

The Court's analysis focused primarily on 5th and 14th amendment arguments, and seems to be suggesting a move away from a "rational basis" test, and into a realm of heightened scrutiny, when addressing discrimination on the basis of sexuality.

Unfortunatly, this ruling does not have much legal force, and only impacts those states under the 1st Circuit jurisdiction, and where same sex marriage is allowed (New Hampshire and Massachusetts). Additionally, in anticipation of the issue being appealed to the United States Supreme Court, the Circuit Court ordered its own ruling stayed, pending possible appeals.

In interesting bi-partisan support, the opinion was joined by Chief Judge Lynch, a Clinton appointee, and Judges Boudin and Tourrella, appointed by H. W. Bush and Reagan respectively.

The text of the decision may be found here.

So, NSG, what say you? A positive move? A step in the right direction? Not far enough? Degredation of the moral center of America?

On the face, it sounds like a good thing. Which makes me wonder which deeper concerns I'm just not grasping yet.

[NERVUN]

It's a start, but I won't start celebrating still SCOTUS sings.

[Wikkiwallana]

Our moral center should be inclusive and secular to the extent it is enforced by law.

It being a nougat centre is also acceptable.

Nougat center is nice, but truffle center is better.

[Hammurab]

It being a nougat centre is also acceptable.

Nougat center is nice, but truffle center is better.

I'm wondering if we can discuss a firm caramel.

[Wikkiwallana]

Your cruelty towards people who have done nothing to you and nothing to deserve such treatment is not "the moral center" but quite the opposite.

"Cruelty?" Contrary to liberal belief, we are not Big Brothers who use torture on everyone who disagrees with us. They are guilty, they are guilty of sexual perversion. Sexual preference is their choice, and they simply have to face the consequences of that choice.

If their choice doesn't involve violation of informed consent, there shouldn't be a consequence.

[No Water No Moon]

Nougat center is nice, but truffle center is better.

I'm wondering if we can discuss a firm caramel.

Steady, now. Children can read these forums.

[DaWoad]

We would no longer be civilized. Abandoning the morals which have prevented Western civilization from killing itself off is the most idiotic thing one can do.

Oh sweetie, plenty of countries in the West have already legalised same-sex marriages and no ill has come from it. Don't you fret for Western civilisation, it'll be just fine.

see: canada
site of maple syrup, good beer, better pork and utter moral degredation and we see to be doing just fine.

[Wikkiwallana]

Nougat center is nice, but truffle center is better.

I'm wondering if we can discuss a firm caramel.

Most certainly, as long as it's the good kind, like old recipe Riesen, not the wimpy kind, like new recipe Riesen.

Toffee is also a good candidate, but might be too British.

[Hammurab]

I'm wondering if we can discuss a firm caramel.

Steady, now. Children can read these forums.

Let them eat cake.

[NERVUN]

Steady, now. Children can read these forums.

Let them eat cake.

Most of us Mods have a sweet tooth, you sure you really want to threadjack into this territory knowing that?

[Hammurab]

Let them eat cake.

Most of us Mods have a sweet tooth, you sure you really want to threadjack into this territory knowing that?

Right, so as I was saying, equal protection should always include equal access. Not separate, not civil union, but full on growing-to-fucking-hate-this-loveless-fat-fucktard-more-everyday-until-you-die-or-realize-marriage-was-fucking-stupid marriage.

[Trotskylvania]

The haunting of America is bigger than ever...and the government/media focuses on whether gay marriage should be allowed...

Boo!