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    Quote Originally Posted by avatar4321 View Post
    I would also think that it will be interesting to see how they will respond to these cases. If they do strike down the DOMA section (only one part is actually being considered to be struck down), it sounded like they were going on an argument of state's rights.

    But can they rule in favor of striking down the DOMA section on the basis of state rights, while at the same time striking down the State of California's Constitutional Amendment? It's going to be difficult to have a consistant basis to strike down both for gay marriage.

    If a non-important section of DOMA has to get struck down for the Court to uphold the voice of the people in California, I think it's a very small price to pay.
    I would think that the argument for striking down the DOMA would rest upon its violation of the Second Section of the Fourth Article of the Constitution, which declares that "the citizens of each State shall be entitled to all the privileges and immunities of the citizens in the several States." I don't imagine DOMA will survive Constitutional scrutiny for just this reason.
    So assuming DOMA does not survive, even if prop 8 is upheld California would still be required to recognize gay marriage from other states, thus relegating prop 8 to little more than red tape. But as prop 8 clearly states that "only marriage between a man and a woman is valid and recognized in California", if DOMA falls for abridging the privileges and immunities clause, so would prop 8.
    Last edited by logroller; 03-27-2013 at 08:44 PM.
    He who learns must suffer. And even in our sleep pain that cannot forget falls drop by drop upon the heart, and in our own despair, against our will, comes wisdom to us by the awful grace of God.AeschylusRead more at http://www.brainyquote.com/quotes/qu...zeMUwcpY1Io.99

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