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Massachusetts sues the United States
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Author Topic: Massachusetts sues the United States  (Read 3152 times)
Medivh
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« on: July 09, 2009, 04:49:29 EDT »

And over the Defence of Marriage Act.

Apparently Massachusetts is pissed off that the marriage licences they're handing out aren't actually valid. They're challenging DoMA on constitutional grounds, saying it violates states rights. Could be interesting in multiple ways:

If it succeeds, what does that mean for prop 8 challenges in federal courts? Is it worth striking down prop 8 if DoMA still stands?
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And if i catch you comin' back my way
I'm gonna serve it to you
And that ain't what you want to hear
But that's what I'll do
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So what you're telling me is that LTV's fudge factor means more than it's independent variable?
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wodan46
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« Reply #1 on: July 11, 2009, 02:08:27 EDT »

Awesome, I guess.  Isn't that still just the usual State vs. Federal power squabble that seems to be omnipresent?
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Medivh
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« Reply #2 on: July 11, 2009, 08:58:54 EDT »

I didn't think many of them were tried in the US supreme court...
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And if i catch you comin' back my way
I'm gonna serve it to you
And that ain't what you want to hear
But that's what I'll do
-- "Seven Nation Army", The White Stripes

So what you're telling me is that LTV's fudge factor means more than it's independent variable?
Yes...
Blue Boy from Red Country
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« Reply #3 on: July 12, 2009, 20:46:05 EDT »

I didn't think many of them were tried in the US supreme court...

To my knowledge, there aren't many conflicts between the Federal and the State governments as clear as this one. (Certianly not many as high-profile.) I'm sure there's plenty of minor infractions and ambiguous situations... Typically federal laws in the United States don't deal with things that have traditionally been handled solely by the States, such as marriage, though.

I believe the issue is not so much that the marriage licenses in Massachusetts are invalid, but rather that their worth is rather limited because DoMA lets pretty much everyone outside of the state to ignore them. I could be wrong though; its altogether possible that the law is worded such that it technically voids the licenses.
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