HUGE Day for gay rights in the States - DOMA declaired Unconstutional - Prop 8 gone!

[Zappykins]

zexen_lowe said:

Anfebious said:
Here in Argentina we had same sex marriage for about 2 or 3 years if I recall correctly!

Yup, gonna be 3 years next month, I recall that day very clearly

About Prop 8, I'm not from the US so clarfiy me something. Prop 8 stated that marriage would only be recognized between a man and a woman, and all that bullshit. If it's deemed unconstitutional, wouldn't that mean too that states with that same provision in their constitution (I recall Texas, but I'm sure there's more) violate the Constitution too? Wouldn't those be overturned too? Or do they have to overturn each state's provision, one by one?

Anyway, a small step, but a great one nonetheless. Why don't you just vote a nationwide law legalizing gay marriage and be done with it?

Go Argentina!  The USA needs to play catch up to you in this regard.

Prop 8 was a ballot initiative that took away an existing right – the right of a same sex couple to have their marriage sanctioned by the state and they get the same civil rights that come from the state as a married couple.

Prop 8 was declared in violation of the US Constitution twice, but was held up in the courts so that no legal same sex marriages were taking place.  The court could have ruled that all such bans were illegal, but instead, chose to rule in another way. They ruled that specifically the people pushing Prop 8 into the High Court had no right to do so, as they were not gay, and could not show how allowing Same Sex Couples to get legal marriages would hurt them in any way.

So yes, it could have done that.  But I think they were to scared.  We have some really wacky angry people in the USA (including Justice Scalia).  So the ruling only effects California.

But, by getting rid of Section 3 of DOMA, they have also opened the door for other couples to get marriage in a legal state, and sue their home state for not recognizing their marriage as that violates the Full faith and Credit Claus of the US Constitution.  

So yes, it looks like the USA will have full same sex marriage soon, but will take a few more court cases over probably a few years for that happen. 

Also, we do not vote on national laws like that.