DOMA Is Next

[DemocratSinceBirth]

I think Anthony Kennedy will want to be on the right side of history when DOMA eventually makes it to the Supreme Court and provide the crucial fifth vote...

[madmax]

1. Yes, Full equality for all. nt

[jefferson_dem]

2. Please let it be so.

It's past time!

[DemocratSinceBirth]

3. What Cases Are In The Lower Courts?

There has to be a case for the SC to give cert...

[justiceischeap]

4. Prop 8 of course

There's a case in MA about same-sex marriages can't get Fed benefits and therefore that's unconstitutional.

[polmaven]

16. Filed by...

Our very own Martha Coakley! She may have lost her Senate bid, but she is a great Attorney General. (Not that I wouldn't much rather have her working for this type of legislation in the Senate.)

[craigmatic]

5. I doubt it. This lame duck session can't do everything. It's going to take a new presidential

election to do this.

[karynnj]

6. This is not something legislative, but the Supreme Court declaring the law unconstitutional

[craigmatic]

7. That's even less likely at least with this court.

[DemocratSinceBirth]

11. Right Now It's 4-4-1

.

[karynnj]

15. Right - and your's op is correct that it will rest with Kennedy

It is interesting that Many state's rights advocates (the Republicans ) will be arguing against the right of the state of MA to define marriage.

[vaberella]

8. We might have to wait close to 6 years but Obama put this on his plate.

And I think he's gonna come through.

[zulchzulu]

9. The Supreme Court is outside the lame duck session and future Repig Overlords n/t

[vaberella]

10. Of course. Obama already said this will be repealed under him.

I'm looking forward to it.

[justiceischeap]

12. The only way I see that happening is if he's reelected

and we get control of the House again, otherwise, he won't have much to do with it unless he tells the DOJ not to fight any court cases involving DOMA.

[vaberella]

13. Can't do that...DOMA is law. It;s required.

I say we work to give him that all Dem House.

[DemocratSinceBirth]

14. Even If DOMA Was Repealed States Could Still Ban Gay Marriages

That's why we need a court decision or an amendment and it will take decades to get the latter.

[Exilednight]

17. How many times do we have to put this meme to rest? It's not required for any administration to

defend a law if the sitting president believes the law to be unconstitutional.

If the DoJ under Obama's administration defends challenges to this law, it will be strictly for political reasons.

[treestar]

20. Because it is true with a few exceptions

Wanting something to be so does not make it so.

[Exilednight]

21. If there are exceptions, then there is not always a requiement. n/t

[Unvanguard]

19. Not a chance of DOMA repeal getting through Congress.

It will be the courts, or it will be a wait of at least a decade--certainly until the next point of unified Democratic control, and maybe not even then (as we've seen these past two years.)

[agentS]

18. If we're going to get this done legislatively, then we'll need the people in place to do it

We're going to need 70 democratic senators and a 70 seat majority in the House, 75% public approval, and a fifth judge on the Supreme Court. And even THEN it will pass by the skin of the teeth.

Guess we better get started...this could take a decade or more.

[GeorgeGist]

22. Civil Unions would be more practical.

Until 20 years from now, when principle will out.