New York Challenges U.S. Defense of Marriage Act

[iandhr]

Source: NY TIMES

The New York State attorney general, Eric T. Schneiderman, acting just days after the state began allowing gay couples to wed, filed a legal brief on Tuesday challenging the constitutionality of the federal Defense of Marriage Act.

Mr. Schneiderman asserted that the law, which prohibits the federal government from recognizing same-sex marriages, violates the right to equal protection under the law for gay and lesbian couples.

The brief (attached at the bottom of the post), filed in Federal District Court in the Southern District of New York, refers specifically to New York State’s Marriage Equality Act, which was approved by lawmakers last month and took effect to great fanfare on Sunday.

“Without such equal treatment by the federal government,” Mr. Schneiderman wrote, “New York’s statutory commitment to marriage equality for all married couples will be substantially unrealized.”

Read more: http://cityroom.blogs.nytimes.com/2011/07/26/new-york-challenges-u-s-defense-of-marriage-act/?hp

[closeupready]

1. Way to go. K&R

:woohoo: The end of DOMA is in sight.

Thank you, AG Schneiderman and Gov. Cuomo, both, for spearheading this.

[MineralMan]

2. Very good. Let the states bring suit. The Constitution provides

for such suits, and names the SCOTUS as the body to hear such suits. Of course, they'll start in lower courts, but the SCOTUS is the final destination for them. Let's see what happens.

[Iliyah]

4. I'm pretty sure

the Mormons will be spearing heading the opposition to this, i.e., pouring in tons of money to fight it all in the same of "God". I don't think NY have the dumb shitty California propositions crap, like prop 8 which the "God fearing" Mormons poured millions of dollars and basically into churches to get the youth to go out to tell Californians how wrong same sex marriage is.

Something that the crazy Buchmann will try to do with the youth. Brainwash them very early so they can become a "Christian Soldier" like that guy in Norway.

[ejpoeta]

6. i think someone is trying to get the law in ny thrown out though because some lawmaker didn't get to

whine long enough about why he or she didn't like it. Not sure where I heard it but I think someone is going to go to court trying to get our new law thrown out. Figures. I don't like small minded people so much. I hope they fail. I am glad to hear that our Atty General is going to try to get our new gay marriages equal federal rights. Rock on!

[MADem]

5. Do we trust the SCOTUS to make the right call?

I suppose the Congress can always change the Law of the Land (they made it, after all) if Congress has the right make-up, of course, but SCOTUS could give the opposition ammo if they find some stupid little hook upon which to hang a justification for it.

OTOH, odds are good that the topic will be beaten to death before it gets that far, and all of the arguments will be out there. And, of course, the make-up of the court is not entirely static. Maybe Scalia will decide to retire!

[closeupready]

7. If they rule that the Commerce Clause doesn't apply, then they risk some really big things,

for example, rules about how corporations can and can't behave. So personally, at worst, I see the SCOTUS merely denying to hear the challenge if it were brought up before them (i.e., denying cert.).

[MADem]

11. I am pretty much on that wavelength, as well.

I think, sometimes, with a few of the characters on the bench, we're better off when they refuse to hear a case!

[William769]

3. ...

[Fearless]

8. So what is the president going to instruct the DOJ to do? Or are we still on the one...

Thing at a time meme around here?

[Kurska]

9. I love new york and DOMA is unconstituotional.

It violates the Full Faith and Credit Clause of the constitution.

[TomCADem]

10. Of Course, The House Republicans Are Defending It...

... not the Obama administration. The House Republicans, which is why we need to take back Congress.