Re: [Marxism] US president proclaims June "Lesbian, Gay, Bisexual, and Transgender Pride Month"

[Eli Stephens <elishastephens@xxxxxxxxxxx>]

Shane: "But  legal same-sex marriages are very, very recent in the US, and the 
case leading to recognition of DOMA's unconstitutionality would have to be  
initiated in a *state* court once a cause of action (like some state  
explicitly refusing to recognize her marriage) had been established."

The first part of that statement is definitely wrong and I think the second as 
well, though I'm no lawyer. As I already wrote, my cousin was legally married 
in Massachusetts five years ago, which hardly qualifies as "very, very recent" 
(or even "very recent"). Furthermore, on the day she was married, she was 
denied the right that I and other heterosexually married people have to be able 
to move to any state in the union without losing rights that I have, thanks to 
DOMA, which was in effect on the day she was married. And since DOMA is a 
FEDERAL statute, it seems to me she would have had an immediate cause of action 
in a FEDERAL court, not a state court.

I can only assume that the reason neither she, nor any other similarly situated 
person, brought such a suit, was the expectation that they would lose in the 
Supreme Court. Which bring me back to my original point, which is that, 
whatever your "theoretical" point may be, in *practice* DOMA is constitutional 
until it is ruled otherwise, and in *practice*, a state my cousin was visiting 
would be within their rights to refuse her various rights (like making 
decisions about medical care of her spouse), requiring her to go to court. 
Emphasing again the significance of Obama leaving DOMA out of his list of 
planned accomplishments.



Eli Stephens
 Left I on the News
 http://lefti.blogspot.com


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