RandySF
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Thu Sep-08-11 02:15 AM
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Question for DU lawyers about marriage equity, SCOTUS and Loving v Virginia |
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Sooner or later, the constitutionality DOMA and Prop 8 will be decided by the US Supreme Court. If the Court decides that states may deny adults the right to marry on the basis of gender, what happens to Loving v Virginia (the landmark interracial marriage case)? It seems to me that Loving would become collateral damage.
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Tesha
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Thu Sep-08-11 06:35 AM
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1. As you'll recall, there is as yet no explicit protection against sex discrimination in our... |
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...Federal Constitution.
There is explicit protection against racial discrimination.
Loving will stand.
Tesha
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JDPriestly
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Thu Sep-08-11 07:00 AM
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3. The Loving v. Virginia decision, I believe, was based on the idea that |
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marriage is a fundamental right.
Remember the three tests: compelling reason applies when determining allegations of discrimination regarding a fundamental right. Since marriage is a fundamental right, it would seem to me that the defendants have to show a compelling reason for prohibiting same-sex marriage, not just a significant or rational one.
This is not just a gender discrimination case. It is both gender and the issue of a fundamental right.
That is my opinion.
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taterguy
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Thu Sep-08-11 06:40 AM
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2. Not a lawyer but the SCOTUS can do whatever they damn well please |
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They decide what outcome they want and then justify it.
There's no public demand to overturn Loving v Virginia so they'd leave it alone.
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Wed May 08th 2024, 09:26 AM
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