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SCOTUS options for gay marriage ruling

Discussion in 'The Okie Corral' started by ArtificialGrape, Jun 25, 2013.

  1. ArtificialGrape

    ArtificialGrape CLM

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    If possible, for such a passionate topic, can we set aside our views on gay marriage and instead focus on how we think the Supreme Court will rule in the next week or so.

    Here are some possible outcomes summarized from an AP article.

    California's Proposition 8:
    • Uphold -- no constitutional issue with limiting marriage to a man and woman.
    • Strike down (broadest scope) -- invalidates restrictions on gay marriage nationwide.
    • Strike down (moderate scope) -- applies to CA and 6 other states that allow civil unions that are nearly identical in rights to marriage, but do not allow marriage. Would strike down the separate but equal approach of civil unions, but not address whether states could entirely ban any sort of gay rights.
    • Strike down (narrowest scope) -- would apply to CA only -- the State could not take away the right granted by the CA Supreme Court
    • No ruling -- the Court could find that the proponents did not have standing to bring the case.
    DOMA
    • Uphold -- federal restrictions stay in place with no impact to state laws.
    • Strike down -- married homosexual couples would be entitled to the same federal benefits as married heterosexual couples.
    • No ruling -- lack of standing, or no authority to hear the case.
     
  2. volsbear

    volsbear IWannaBeSedated Lifetime Member

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    Prop B - strike down in moderate scope. Or they could not rule leaving it as a states' rights issue in a 5-4 decision.

    DOMA - strike down entirely. DOMA is toast. 7-2 or 6-3.
     

  3. Glock30Eric

    Glock30Eric .45 ACP

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    I think we should strike down all the marriage benefits, so we don't have to face this situation.

    If SCOTUS strike down DOMA then I will see the abuse arise from that decision to evade taxes, giving benefits out to someone (for example a guy isn't gay with a guy but on the paper they are gay because he want to give his benefit to that guy so that Gov't won't take 50% of his benefit, etc).
     
  4. camelotkid

    camelotkid non-believer

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    I think prop 8 will apply to California only and DOMA will get struck down.
     
  5. ArtificialGrape

    ArtificialGrape CLM

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    This is my current thinking as well.
     
  6. HarlDane

    HarlDane

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    Why would those types of tax evasion cases go up significantly? They can do the same thing now, you just need an opposite sex partner and it's not like there aren't any women who will commit tax fraud.
     
  7. volsbear

    volsbear IWannaBeSedated Lifetime Member

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    Ding ding ding

    Men and women alike have been committing immigration fraud for decades. Nothing about gay marriage is different.


    Posted using Outdoor Hub Campfire
     
  8. frank4570

    frank4570

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    I think most people are not intentionally dishonest. The pieces of crap who would try something like that scam, would have found a way already.
     
  9. ArtificialGrape

    ArtificialGrape CLM

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  10. volsbear

    volsbear IWannaBeSedated Lifetime Member

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