Judge Calls U.S. Gay-Marriage Ban Unconstitutional

[Drolefille]

Just read about that. Yay for DOMA's downfall. I hope it stands.

And Kevin, odds are the Prop-8 case will hit the Supreme Court IMO (And I thought people got upset about activist judges "wanting to strike a blow for gay rights" or otherwise.)

I'm honestly surprised DOMA's never gone down under the FF&C bit of the Constitution. The damn thing was written basically to break that clause.

[Kevin]

Originally Posted by Drolefille

Just read about that. Yay for DOMA's downfall. I hope it stands.

And Kevin, odds are the Prop-8 case will hit the Supreme Court IMO (And I thought people got upset about activist judges "wanting to strike a blow for gay rights" or otherwise.)

I'm honestly surprised DOMA's never gone down under the FF&C bit of the Constitution. The damn thing was written basically to break that clause.

The FF&C area is a bit wishy washy. If one state doesn't recognize such unions at all, why should it be required to recognize a union contracted elsewhere? I think it's an interesting area to look at and I'd love to see some law review articles on the subject (but I haven't).

As a family lawyer, I'm in favor of gay marriage, because it means gay divorce, meaning I suddenly have a larger client base. I already handle divorces for gay clients though, we just treat it as a dissolution of partnership.