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DOMA IS GONE! YES! And gay marriage in CA is legal!

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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Nationwide
Two huge decisions -- but Doma will impact everyone in some way shape or form as legal marriages must be recognized.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Nationwide
Two huge decisions -- but Doma will impact everyone in some way shape or form as legal marriages must be recognized.
Yes, but... The high court says we here in CA still need to wait for the state courts to lift the restriction on issuance of marriage licenses again - which is expected to happen in about a month or so.

T'is wonderful news, indeed!
 

Antigone*

Senior Member
Yes, but... The high court says we here in CA still need to wait for the state courts to lift the restriction on issuance of marriage licenses again - which is expected to happen in about a month or so.

T'is wonderful news, indeed!
If we can stop bickering about Sally marrying Sue (which does not take away from me in the least), maybe we can start addressing the real issues facing California - lack of funding for schools and the like.
 

Zigner

Senior Member, Non-Attorney
Too bad the court didn't actually address the issue of the constitutionality of Prop 8 in CA.
 

Ohiogal

Queen Bee
Too bad the court didn't actually address the issue of the constitutionality of Prop 8 in CA.
They didn't have to address it when Prop 8 was overturned AND standing killed it. But full faith and credit is going to get real interesting.
 

Zigner

Senior Member, Non-Attorney
They didn't have to address it when Prop 8 was overturned AND standing killed it. But full faith and credit is going to get real interesting.
I know they didn't have to address it. But, by not addressing it, it leaves open the question about whether Prop. 8 was constitutional or not. IMO, they wimped out by simply ignoring the question on procedural grounds. The California state government wouldn't get involved in defending a law that was passed by the citizens of California, so the citizens were forced to take up the fight.

IMO, it would have been a much more effective statement if the court had ruled on the constitutionality of the law, and not on whether or not the citizens had a right to appeal the lower court's ruling.
 

tranquility

Senior Member
I think the reasoning for DOMA was weak. It was unclear as to if the holding was on equal protection (Which I think would have been good and given rights.) or state's rights (Which gives a result that makes those in favor of gay marriage happy but promises additional litigation.). Pity.

Pity worse the Proposition 8 non-decision. Again, those in favor of gay marriage are happy with the result. But, the citizens of all states with direct democracy should be sad. If the Governor and Secretary of State of a state with direct democracy (Like in California's proposition system.) decides they don't like the overwhelming will of the people, the law passed is gone. All it will take is one person with standing to file a (federal) case against a Proposition the G and SS disagree with, the will of the people lose by default. The decision changed the understanding from John Adams' concept of a "Government of laws, not of men." to a Government of men, not of laws.

I like the short-term effect of the decisions. But, the Supreme Court let us down today.



Now, all I have to do is to decide how to prepare the federal the return of a gay married couple that is to come in the mail in the next few days.
 

Andy0192

Member
... maybe we can start addressing the real issues facing California - lack of funding for schools and the like.
I don't have a dog in the fight for either side, but I seriously doubt that there is a "lack of funding" for schools in CA. They may have budget issues, and they might wish they had MORE funding, but they definitely have money coming in. I'd argue that the real issue is a lack of control on the expenses side.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Nationwide
Two huge decisions -- but Doma will impact everyone in some way shape or form as legal marriages must be recognized.
The USSC has REALLY been on a roll this session, haven't they!
 

single317dad

Senior Member
I don't have a dog in the fight for either side, but I seriously doubt that there is a "lack of funding" for schools in CA. They may have budget issues, and they might wish they had MORE funding, but they definitely have money coming in. I'd argue that the real issue is a lack of control on the expenses side.
I was ready to jump in with both feet and agree, but after a little research it looks like CA is spending quite a bit less than the national average per pupil:

http://www.edsource.org/today/2013/california-drops-to-49th-in-school-spending-in-annual-ed-week-report/25379#.UcshNDtBQ5I

That said, the US spends much more per pupil than countries that produce better results:

http://rossieronline.usc.edu/u-s-education-versus-the-world-infographic/

Our education system is certainly broken, and more money is not the solution. But if there is one state I think should spend more on education and less on other crap, it's California.

Back on topic: Congrats to all the people who were hoping for the decisions that were handed down today. This fight isn't over by a long shot, but at least we can stay out of other people's business a little more today than yesterday.
 

tranquility

Senior Member
I was ready to jump in with both feet and agree, but after a little research it looks like CA is spending quite a bit less than the national average per pupil:

http://www.edsource.org/today/2013/california-drops-to-49th-in-school-spending-in-annual-ed-week-report/25379#.UcshNDtBQ5I

That said, the US spends much more per pupil than countries that produce better results:

http://rossieronline.usc.edu/u-s-education-versus-the-world-infographic/

Our education system is certainly broken, and more money is not the solution. But if there is one state I think should spend more on education and less on other crap, it's California.

Back on topic: Congrats to all the people who were hoping for the decisions that were handed down today. This fight isn't over by a long shot, but at least we can stay out of other people's business a little more today than yesterday.
Such comparisons are difficult, at best. "National Average" includes NY which seems to pay twice as much per student as most other states. Anyone who does not think we can do a lot better with a lot less is kidding themselves. The current model is woefully inefficient and does not use the power of computers and modern marketing/teaching techniques in favor of personnel intensive techniques developed when we were a nation of farmers. How many of us can say what a Big Mac is made of? Now, the preamble to the Constitution?

At least we're in the top 5 in salary! (1 or 2 when benefits are added.)
 

single317dad

Senior Member
How many of us can say what a Big Mac is made of?
Two all beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun (I don't believe a word of it!)

Now, the preamble to the Constitution?
Umm, Four score and seven... no... When in the course of human events... no, not that one... Ask not what your country can do for you... hang on, I've got it... I have a dream! That's one small step for man!

Seriously though, we have kids (and adults) who can't locate Iraq on a globe, can't make change for $3.75 out of $10.00, and the spelling and grammar are atrocious. When I was in my 20s, more of my generation could identify Michael Jordan than President Clinton. That 50% could even SPELL Constitution would surprise me.
 

tranquility

Senior Member
Two all beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun (I don't believe a word of it!)



Umm, Four score and seven... no... When in the course of human events... no, not that one... Ask not what your country can do for you... hang on, I've got it... I have a dream! That's one small step for man!

Seriously though, we have kids (and adults) who can't locate Iraq on a globe, can't make change for $3.75 out of $10.00, and the spelling and grammar are atrocious. When I was in my 20s, more of my generation could identify Michael Jordan than President Clinton. That 50% could even SPELL Constitution would surprise me.
I don't know how many times I give a cashier an odd amount (to them) for the cost of an item. Rather than explain, I tell them to just input the amount. When the register gives the result of change to be returned you can see the glimmer of understanding pass their face and a look of awe at the obvious math wizard standing across the counter.

As to the preamble, I happen to know it as I read it every morning I sit down at my desk at work. That is where I chose my username from, but used the small T to indicate my small part in trying to help domestic Tranquility through explaining the law.

Others also know it like the back of their hand too:
http://www.youtube.com/watch?v=yx5d3haRG7M
 

proud_parent

Senior Member
As to the preamble, I happen to know it as I read it every morning I sit down at my desk at work. That is where I chose my username from, but used the small T to indicate my small part in trying to help domestic Tranquility through explaining the law.
Forevermore, when I see your screen name, I will be fighting the urge to pronounce it "tranquility-ee-hee-hee..."

...pro-VIDE for the COM-mon defense...
pro-MOTE the general WEL-fare a-and...
se-CURE the BLESS-ings of (a)-LI-berty(eee)...
to our-SELves and our POS-terity...
do or-DAIN and es-TA-a-a-blish thi-is Consti-TU-tion...
for-OR the...
U-NI-ted States o-of A-MER-ica.
;-)
 
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