Thursday, August 26, 2010

Judgement entered on DOMA cases: will DoJ appeal?

Remember those two cases from Massachusetts about DOMA? To summarize, a Federal District Judge found that it was illegal for the US government to discriminate against same sex married couples by denying them benefits given to married couples, and he overturned the section of DOMA that forbids federal recognition of married gay couples on grounds of equal protection and state sovereignty.

As pointed out by Chris Geidner and Lisa Keen, that judgment has now been formally entered. Which means the clock starts ticking: Obama's DoJ has 60 days to file an appeal.

I will rely on my legal friends to correct, but my understanding is that if the DoJ do NOT appeal, that section of DOMA no longer applies to Massachusetts couples. It does not affect anyone else. If they DO appeal, it could bring down section 3 of DOMA in the whole 1st circuit. And of course, if SCOTUS got to it, it could potentially have national implications.

The same ticking clock applies to the Prop8 case, of course; I do not think that judgment has been entered. But there's an election this year in CA, and if the judgment is NOT entered soon, then a new governor or attorney general could decide to appeal. So the two sides of the Prop8 debate better pay attention to the candidates and get involved in the messy business of CA state politics, because it matters.

4 comments:

James said...

Sorry, IT but I can't figure out that first paragraph. Was the discrimination legal or illegal?

snafubar-none said...

Hey IT - off topic here -

I just read your last diary over at SP - the one about suicide.

I gotta tell you it's a mistake to think you're going to reach anyone there.

If you like, I'll show you some things I was able to compile since my banning, but it's clear and demonstrable by the evidence in the comments that if a gay person - or anyone else - were to commit suicide in that crowd, they would have only two things to say:

"He was obviously sick when we found him, it wasn't our fault"

and

"we told him to get help" (and therefore our obligation stops there and we are absolved)

If anyone ever thought I was a monster in my last days at Street Prophets, they've inspired me to live up to my reputation and to grow bigger muscles.

I found the knife that JCH drove into my back, and Rain never saw it, or looked over it, and even PD was called in to sanction my banning.

Fleetguy's comments to me, regarding my insistence that I did not have faith - that's what an atheist is -

was

"Anyone who did not have faith would surely be a suicide victim"

Then Rain banned me for talking about worthless and ready to give up I felt because of john.

Nope - track back through my diary on KOS about the 30,000 who will find a way to die every year -

nobody at Street Prophets would care - because good people, healthy people don't do things like that

and the rest of us arent' their fault

especially when they close the door.

There will be more, and if it ever stops, it won't come from anyone there.

But hey - they banned me - so it's all good.

If only they knew how used I feel for writing how comfortable and welcome I felt there.

THey have no clue what a monster they've built - and that's what the banning was for - out of sight out of mind.

I spent a weekend at a BDSM event. Lot of gay people. Lot of really awesome, loving, open minded, welcoming, supportive and just plain fun gay people. I have no fear of them, no apprehension of their motives, nor do I fear any consequence of their behavior.

The Christians?

I treat them like enemies, and all they can do about it is blame me for it.

I wrote three diaries on SP about the forces that "built" me as an atheist.

JCHFleetguy, Danish Brethren, Gig Harbor, Schuyler, and Rain are each seperate chapters in my writings now -

and Rain actually tried to offer a "healing quilt" for me -

TO which I asked her how that was any different than a parent who abuses the child and then buys him ice cream and tells the kid not to say anything to grandma.

It was the most disgusting feeling I've had in twenty years.

Nope - don't bother talking suicide over at the STreet.

They don't think they can stop it because the other person is already broken, and when you point to the fucking hammer in their hand that broke the last one they can't see it.

Good luck with that.

IT said...

James: fixed!

Snafubar: I didn't agree with the banning at SP, and I don't agree with a lot of how they run things. Some people there get away with a fair amount of abuse and too many regulars just "look away". Frankly I find it a very disappointing community, and I'm very sorry they hurt you.

BUT I keep writing there not for those running the place, but for those reading and lurking--like you, who read my piece. You got what I was trying to say. Hopefully others do too. Thank you for that.

I hope you will be well.

RiaD said...

Hello IT,
I saw your "unpaving of a super power" over at st.prophets....
i wanted to invite you to cross-post at my wee tiny blog:
http://www.firefly-dreaming.com

you would be VERY welcome there

hugs,
RiaD