However...if 2/3 of Congress and 38 States amends The Constitution to specifically allow gay marriage
Such an action is not necessary.
TIt is completely constitutional within the enumerated rights.
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However...if 2/3 of Congress and 38 States amends The Constitution to specifically allow gay marriage
Freedom of association isn't a right. That's a presumption, not a right. And it would include all other associations as well...if someone hangs with thugs...then by association, they are a thug? I don't think so. That's not right nor a right!
I find it hard to correlate your "religious standard" to DOMA. Perhaps from a Creationist viewpoint it would make some sense...I guessBut would be a far stretch to even do that.
If DOMA was "twice unconstitutional", don't you think it would have already been turned over and/or repealed? If DOMA is ever repealed, it doesn't automatically mean that gay marriage will be a constitutional right. It will re-open a pandora's box of monumental proportionate legal battles and will eventually wind up at SCOTUS and as it now stands....be an unrecognized suspect class.
In the wake of DOMA, it is only sexual orientation that differentiates a married couple entitled to federal marriage-based benefits from one not so entitled. And this court can conceive of no way in which such a difference might be relevant to the provision of the benefits at issue.
By premising eligibility for these benefits on marital status in the first instance, the federal
government signals to this court that the relevant distinction to be drawn is between married individuals and unmarried individuals. To further divide the class of married individuals into those with spouses of the same sex and those with spouses of the opposite sex is to create a distinction without meaning.
And where, as here, "there is no reason to believe that the disadvantaged class is different, in relevant respects" from a similarly situated class, this court may conclude that it is only irrational prejudice that motivates the challenged classification. As irrational prejudice plainly never constitutes a legitimate government interest, this court must hold that Section 3 of DOMA as applied to Plaintiffs violates the equal protection principles embodied in the Fifth Amendment to the United States Constitution.
Roy Moore and Foundation for Moral Law File Brief Defending Traditional Marriage in the Defense of Marriage Act
http://www.earnedmedia.org/ffml0120.htm
Roy Moore and Foundation for Moral Law File Brief Defending Traditional Marriage in the Defense of Marriage Act
http://www.earnedmedia.org/ffml0120.htm
Not only that, he also said it's redundant. Which it is.He could hardly have said better why DOMA is unconstitutional. His own words:
"Marriage was defined by God at creation as between a man and a woman and no rhetoric or judicial gymnastics can alter that. Congress simply recognized that immutable, self-evident truth when it passed the Defense of Marriage Act."
In other words, the Defense of Marriage Act is establishment of religion.
Thank you, judge Moore.
The later the bill is passed the better, to give opponents the least amount of time as possible to start a petition campaign. The last day of the session (which is at some day in April I forget) would be ideal. Unfortunately the number required is quite small, something like 3% of the voters in the last election which turns out to be about 55,000. Maryland requires the signatures to be collected in two stages, the first of which is only a few weeks after the session adjourns. However NOM has clandestinely waded into and infiltrated the state and I have no doubts they have the resources and the will power to gather what they need for a referendum campaign. When the issue heats up they will come out of the woodwork and hit the ground running. Honestly I don't think Maryland is liberal enough right now, but that doesn't mean we won't keep trying until we get what we deserve. Yes, I have a partner I am serious with now and we are planning a future together. At the moment we are looking at townhouses and will have the right to a limited domestic partnership, which includes basic medical and tax rights. Hopefully we will be able to marry in our own home state when such time arrives. A consolation is the state government's favorable legal opinion regarding state recognition of such marriages. As of yet I think this is still untested in court. If necessary we are still able to go down to DC just an hour away.
Tell Wyoming State Representative Rep. Owen Petersen he is wrong opetersen@wyoming.com call 307-782-6378, Fax 307-782-6378
I hope they get fined for frivolous lawsuits/filings.
Enough is enough! The legal system is already extremely strained and cluttered these days. We don't need some fringe lunatics exacerbating the problem over their outdated ideology.
