I have written many articles on the subject of gay marriage and the developing case before the Supreme Court that involves the constitutionality of the Defense of Marriage Act (DOMA) passed in 1996. This case originates out of the First Circuit Court of Appeals based in Boston and involves a Massachusetts same sex marriage statute in relation to the federal law. Specifically, the courts there | Read More »
This is the fourth and final in a series of articles regarding the gay marriage issue that will likely be taken up by the Supreme Court in the new term beginning in October. There have been some rather intense comments along the way. Obviously, beliefs and opinions run high on both sides of this issue. Should Section 3 of DOMA prevail, there is no doubt | Read More »
Working on the assumption that Section 3 of DOMA survives before the Supreme Court because the Court will determine it satisfies rational basis scrutiny, what then? Obviously, Section 3- the definition of marriage as being between a man and a woman for federal purposes- is the framework as concerns the federal government that holds together the remainder of the law. As stated in previous entries, | Read More »
All legislation generally creates classifications that work to the advantage or the disadvantage of certain people. For example, 20-year olds can drive; 12-year-olds cannot. You can legally drink at 21, but not at 16. An indigent single parent is entitled to government financial aid, but millionaires are not. And so on. The Equal Protection Clause does not mean that government must treat everyone equally, only | Read More »
As expected and first noted here, it appears that the Defense of Marriage Act (DOMA) cases will be taken up by the Supreme Court before the California Proposition 8 case out of the Ninth Circuit Court of Appeals. That case involves totally different issues than those at stake in the DOMA cases. To further add impetus and urgency to the case, a serious separation of | Read More »
Often overlooked in Election Day coverage, ballot questions are an example of direct democracy in practice. Although I would not want a California style “anything goes” system, sometimes the questions presented are of paramount importance. Not every state as of this writing has ballot initiatives in November. For those that do, some are of strictly local interest or tweak state government organization or operations. So, | Read More »
Barack Obama’s recent announcement regarding gay marriage during an ABC News interview comes as no surprise to anyone with a modicum of interest in the 2012 elections. This is less a startling revelation and more a calculated effort to motivate his liberal base and, more specifically, their check books. There is no secret that the Left has adopted LGBT concerns as the “new civil rights | Read More »
Thus far, the Supreme Court has granted 11 cases for their next term and held over a case from this term for a total of 12 cases. A quick review of these granted/held over cases is in order. In Arkansas Game & Fish Commission v. United States, the state of Arkansas is claiming that a decision to periodically release water from a dam upstream which | Read More »
On April 4th, the First Circuit Court of Appeals, despite some twists and turns (to be explained), will hear arguments on a lower court ruling that ruled the Defense of Marriage Act (DOMA), passed in 1996, unconstitutional. Specifically, Section 3 of that Act is moving towards a collision course with the Supreme Court. Section 3 defines the term “marriage” as being between a man and | Read More »
The purpose of this entry is not necessarily to get into the morality of gay marriage or homosexuality. As people are aware, due to a decision of the California courts, gay marriage was “approved” in California. However, opponents soon got Proposition 8 on the ballot and it passed which essentially overruled the courts and negated gay marriage. However, gay activists in the state then challenged | Read More »
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