Sunday, April 20, 2014
YOLO COUNTY NEWS
99 CENTS

News coverage oversteps

The Enterprise’s front-page headline on Wednesday, “Court ends DOMA, Prop. 8,” is incorrect and misleading,

Only Section 3 of the Defense of Marriage Act (DOMA) was invalidated for technical reasons. I believe that the rest of DOMA is still federal law. The Supreme Court even strengthened Section 2 of DOMA.

The court did not strike down Prop. 8, Rather the court yielded a narrow procedural ruling. The appellate court decision was vacated and the case was sent back to the trial court. I believe that Prop. 8 is still the law in California.

Otto Raabe
Davis

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Discussion | 2 comments

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  • Rich RifkinJuly 01, 2013 - 10:30 am

    "Only Section 3 of the Defense of Marriage Act (DOMA) was invalidated for technical reasons." ...... It not invalidated for 'technical' reasons. It was, according to the majority, invalidated for constitutional reasons. ...... "I believe that the rest of DOMA is still federal law." ...... That is correct. DOMA had 3 parts. Section 1 is the title, nothing more. Section 2 says states have the right to not recognize gay marriages. And Section 3, now gone, defined marriage, for federal purposes, as "only a legal union between one man and one woman as husband and wife." ...... "The Supreme Court even strengthened Section 2 of DOMA." ...... That is not true. The SCOTUS did nothing to change Section 2. However, Justice Scalia and other dissenters seem to believe that it is just a matter of time before Section 2 is thrown out, following the same logic as was used in this case. They believe that this decision will lead to a new federal right for gays to marry in all states and all US territories and those localities will have no right to deny them a marriage license or any benefits that anyone who is married receives.

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  • Rich RifkinJuly 01, 2013 - 10:31 am

    "I believe that Prop. 8 is still the law in California." ...... Not true. Prop 8 has been in limbo in California since the US District Court ruled it unconstitutional in 2010. For the past three years, Prop 8 was not overturned, due to the stay issued by the US 9th Circuit Court of Appeals. That hold was formally lifted last week by the 9th Circuit Court of Appeals, and thus Prop 8 is no longer the law in California.

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