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Sea Gull
Sea Gull

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Joined: 6 Feb 2012
Age: 33
Gender: Male
Posts: 205
Location: United States

15 Feb 2012, 8:54 pm

visagrunt wrote:
I am going to fascinated to see how the Supremes deal with same-sex marriage, generally.

The "full faith and credit" argument is on its way. Federal tax returns filed by couples in "Boston Marriages" (q.v. ) have provided an opportunity for a federal case to strike down DOMA. If you are looking into the crystal ball, it's a pretty safe bet that recognition of same sex marriages will be compelled in the federal jurisdiction and in all fifty states and the District of Columbia within a decade.

So what's a conservative judge on the the Supreme Court to do in the meantime? Not all conservatives are cut from the same cloth, and while social conservatives, fiscal conservatives and lgal conservatives might find common cause on some issues, I am not certain that same-sex marriage is one of those issues. I suspect that presented with the issue in the case at bar, a majority of the Supreme Court will uphold the Court of Appeal's decision, on the basis that there is absolutely no value in entering into constitutional gymnastics to back a horse that won't run.

I agree about the "full faith and credit" argument being on its way. The federal government is very much in a position to strike down DoMA, and needs to do so at its first opportunity.

It's also interesting, because we are seeing conservatives' total disregard of the U.S. Constitution (and the civil liberties of U.S. citizens) being demonstrated right before our very eyes.