Comments on: One Year of Prop 8: A recap

By: Nate W.

Nate W. — Sun, 08 Nov 2009 22:39:03 +0000

I’m not Kaimi, but I will say that I think you’re misinterpreting what he’s saying, Guy. We can all agree that the President has no authority to unilaterally repeal a duly-passed statute. As far as federal recognition of a same-sex marriage performed by a state, DOMA is the only thing in the way. Compelling other states to recognize and perform same-sex marriages is a different question from federal recognition of state-solemnized same-sex marriages.

By: Guy Murray

Guy Murray — Wed, 04 Nov 2009 21:58:41 +0000

Kaimi,

Please correct me if I’m wrong; but, President Obama, notwithstanding his campaign promise has no Constitutional authority to repeal any law passed by Congress and signed into law by a previous President. I think DOMA is the least of the hurdles facing genderless marriage at the federal level. The complete lack of any federal legal precedent to establish what the CA Supreme Court did so cavalierly in its opinion that was overturned by the voters: 1. A newly created protected class of sexual orientation; and, 2. A newly created fundamental right of “gay marriage.”

Thanks for the write up.

By: Geoff B

Geoff B — Wed, 04 Nov 2009 19:01:58 +0000

Kaimi, good rundown as usual. It might be worth mentioning that there has been no surge of support for SSM, and in fact Gallup shows support for SSM decreasing slightly:

http://www.gallup.com/poll/118378/Majority-Americans-Continue-Oppose-Gay-Marriage.aspx