Wednesday, June 26, 2013

Liberrty Counsel: " Supreme Court Crosses the Line and Delegitimizes Its Authority By Striking Down DOMA"

Who knew?
Justice Kennedy, writing the DOMA decision under an Equal Protection rationale, strikes down Section 3 of DOMA, which defines marriage as one man and one woman for purposes of federal law and federal benefits, specifically joint federal tax returns, Social Security survivor benefits, and federal employee health insurance and medical benefits. Not at issue in this ruling are the other parts of DOMA, including the section that says states may define their own marriage policy and are not required to accept a sister state’s same-sex marriage.

Regarding the Prop 8 case, Chief Justice Roberts, writing for the 5-4 decision of the Court, dismissed the case on standing, meaning that the Court lacks jurisdiction to reach the merits because the Prop 8 Intervenors lacked standing to litigate the case, after the California State Attorney General ceased defending it following the lower federal district court opinion. This means that the lower court governing the Northern District of California stands. Thus, only the decision striking down Prop 8 by the lower district court remains in effect. The remaining parts of California are unaffected. No doubt litigation will ensue in the Southern and Middle Districts of California.
The legitimacy of the Supreme Court is, as Mr. Staver knows, does not change because of rulings that he does not like.
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