June 26, 201313 yr Getslow-thanks. I find the SCOTUS very interesting but I just don't understand some of these rulings as written. Same goes with some items on the ballot. Really confuse me sometimes as to how I'm voting.
June 26, 201313 yr Getslow-thanks. I find the SCOTUS very interesting but I just don't understand some of these rulings as written. Same goes with some items on the ballot. Really confuse me sometimes as to how I'm voting. The side of me mistrustful of power would tell you that they deliberately write them for just that effect. The side of me that's a member of the Kentucky State Bar and therefore, part of the system, wants me to tell you that they're just trying to make sure they've got all their bases covered. The rest of me is still in the snack foods thread.
June 26, 201313 yr Well, they're not really voting yes or no. They're voting either to uphold the lower court's ruling or reverse it. In either case, the consistency of those votes can only be measured against the broader context of how a judge interprets the constitution or believes the court system should function. As an originalist, Scalia typically believes that the constitution must be interpreted in light of the specific words of the document itself and with the intent of the framers in mind. That's what makes his position on DOMA so confusing for many people. Where in the Constitution does it say that Congress gets to regulate marriage? On any other issue, that would drive him up a wall. It's absolutely what he rails against in his writings on all sorts of things from 2nd Amendment firearms regulations to non-specified due process rights he finds nowhere in the text of the 14th Amendment. I hope that helped a little. Help me clarify what this ruling actually does. From my understanding the Federal Government now recognizes same-sex marriage if states allow it, correct? That means they get benefits such as pensions, taxes, and insurance, etc? Anything else? Edited June 26, 201313 yr by marvel changed law to ruling
June 26, 201313 yr Help me clarify what this ruling actually does. From my understanding the Federal Government now recognizes same-sex marriage if states allow it, correct? That means they get benefits such as pensions, taxes, and insurance, etc? Anything else? I would assume that all the benefits that inure to married heterosexual spouses would now inure to same-sex spouses.
June 27, 201313 yr I finally get to read the opinion today. For those that have, or understand the case. How did DOMA not conflict w/ the Full Faith and Credits Clause? How do states get to pick and choose what type of relationships they'll recognize as marriage, if another state grants it?
June 27, 201313 yr Dems who backed DOMA laud its end Dems who backed DOMA laud its end - David Nather - POLITICO.com
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