Posts Written by gular

Prop 8 vs DOMA decisions — why this is a conflict

Proposition 8 has just been struck down at about the same time (in judicial terms) as the States Rights clause in the Constitution was used to strike down part of the Defense of Marriage Act in regards to Massachusetts gay couples.  They’re both resounding, strong and encouraging victories for gay rights, but they conflict and it could create a decently heavy mess that will probably only be sorted out by the Supreme Court in coming years.

Here’s how:

In the case brought by Attorney General Martha Coakley against the Federal Government, one of the more important points brought to the discussion is the Commonwealth’s right to be able to determine who is and who is not married based on past precedent of marriage laws in the United States.

Loading Posts
Load More