General Discussion
In reply to the discussion: Apologies for the source [View all]DevonRex
(22,541 posts)Last edited Fri May 11, 2012, 07:05 PM - Edit history (2)
1. Federal powers are enumerated. Marriage is not one of them. Period.
2. Marriage is controlled by the states. Always has been. Always will be, absent a constitutional amendment granting marriage powers to the Federal Govt.
3. Obama stated basically that states control marriage laws, which is true, by and large, unless and until they bump up against the full faith and credit clause or a Supe decision like Loving or another law such as DOMA.
4. Obama did not say that states should be "allowed to" "reach different conclusions at different times" regarding marriage equality. He said that they "are arriving at different conclusions at different times."
5. This is precisely what lead to the Loving decision which led to all states recognizing interracial marriage.
6. President Obama's Justice Department has already declared sec 3 of DOMA unconstitutional and refuses to defend it. This led to the overturning of Prop 8 in California, as was evident in Olson's and Boies' winning argument.
7. Eventually there will be enough case law, just like overturning Prop 8, that it will be very difficult for the Supreme Court not to act on LGBT marriage as the previous one did in Loving with interracial marriage. That is my prediction.