Quote:
Originally Posted by Greyson
Thanks for taking the time to respond. I get it that the next step would be to address it in the US Supreme Court after the ruling in the U.S. Court of Appeals. What I don't understand is the second point that the Supreme Court asked Ms. Jackson to argue. I think this is what the question is. "Does the Supreme Court even have jurisdiction to rule on DOMA because of the agreement with the lower court? This is where it gets fuzzy for me. Am I reading the second point correctly? What agreement was made? Is the court implying that DOMA is restricted to the enforcement and interpretation of the Executive Branch only? The article did say something about the US House of Representatives (Congress) taking up the defense of DOMA in the courts and that would come under this second point question too.
Again, thanks for responding to my post.
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Quote:
Originally Posted by kittygrrl
It's a great question to ponder..complicated & very interesting..i hope it turns out to be a good thing that the Court is, at least, considering it..but it's hard to believe it can be considering it's a very conservative court..now why would they want to consider it now?..  |
I just read this piece in the NY Times today. It explains what the Supreme Court is doing in regards to Same Sex Marriage two court cases it will be looking at. I will need to read it again but for a layperson such as myself, it really helps clear up some of the above questions.
I gather that "Standing" is one of the issues to be addressed and there is also some variation of States Rights in relation to Federal Jurisdiction. I hope it may offer some understanding to others here in our community.
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Standing and Delivering
December 12, 2012
By LINDA GREENHOUSE
Is it heretical of me, or merely quirky, to find myself nearly as fascinated by the procedural game the Supreme Court is playing in the same-sex marriage cases as I am by the underlying merits of the two appeals the court has agreed to decide?
After all, same-sex marriage is legal in nine states and the District of Columbia, and public opinion on the issue is evolving rapidly in other parts of the country, with or without the blessing of the United States Supreme Court. On the other hand, the procedural minefield the court has laid around these cases may hold implications reaching well beyond the domain of gay rights — for the relationship of states to their citizens and for the balance of power between the president and Congress.
http://opinionator.blogs.nytimes.com...it_ty_20121213