Another Federal Marriage Lawsuit

There's no stopping the train now

I just fear we won't have the majority in the Supreme Court

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by: shaz4005 @ Tue Jun 30, 2009 at 12:45:30 PM CDT

Fear not.

We don't.

Say goodbye to everything so many worked so hard to get, lost at the hands of fools and our worst enemies pretending to be our friends.

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by: diablorobotico @ Wed Jul 01, 2009 at 00:51:05 AM CDT

[ Parent ]

Ahh...

You seem to be one of the 98% of people who have no confidence in Kennedy.

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by: Blanco @ Wed Jul 01, 2009 at 09:15:56 AM CDT

[ Parent ]

Oh yeah

As for the notable quote, that homophobe doesn't even realize he's making an argument against DOMA.

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by: shaz4005 @ Tue Jun 30, 2009 at 12:49:52 PM CDT

When I talk to my friend in NOLA, I'll ask if he knows the case

He's openly gay,and a top lawyer in town.
I wouldn't hold my breath for some progressive rulings here, they still have arcane Napolionic laws governing inheritance, where a family's children get MOST of what's left, and the widow is left at their whims.

"race, taste. and History finally overcome....and you ain't there"
by Tony Kushner

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by: peteyPornpig @ Tue Jun 30, 2009 at 13:01:31 PM CDT

Seems to me that if the state continues to recognize Senator David Vitter's

marriage, they don't have much ground to stand on. After all, didn't Vitter break the law?

And, while the wingnut/fundie cabal of legal organizations screaming about protecting "traditional" marriage didn't rush to demand the state dissolve Vitter's (ala Terri Schiavo)Louisiana apparently continues to allow him to enjoy hundreds of special rights despite breaking his contract with both his wife and the state.  

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by: kevinbgoode @ Tue Jun 30, 2009 at 21:59:43 PM CDT

News on the Olson/Boies case today, too

Judge Vaughn Walker said today that he's unlikely to grant an injunction suspending Prop 8 (aka section 7.5 of article 1 of CA's Constitution), but he wants an early trial to settle the matter.

http://www.sfgate.com/cgi-bin/...

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by: chiefscribe @ Tue Jun 30, 2009 at 22:14:11 PM CDT

NO SPECIAL RIGHTS

for heterosexuals.

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by: dstavro @ Tue Jun 30, 2009 at 23:20:57 PM CDT

This is a disaster

From a PR standpoint, a 34 year-old and an 18 year-old raises so many questions that the Right can make hay out of...

When did they begin dating?

When did their relationship become physical?

Am I wrong?  

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by: Christian73 @ Tue Jun 30, 2009 at 23:31:24 PM CDT

Yes, this is the case

that noone from the major gay organizations wanted to touch because of the age difference.

I heard of this case over a month ago on towleroad, I think

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by: kevinchi @ Tue Jun 30, 2009 at 23:46:27 PM CDT

[ Parent ]

Here is the link!

http://www.towleroad.com/2009/...

it's been in the news since late April.

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by: kevinchi @ Tue Jun 30, 2009 at 23:56:24 PM CDT

Not taken seriously. . .

and for good reasons:

1) the age difference will not help in the court of public opinion,
2) they have no proper legal representation, and
3) the lawsuit is poorly written - it states some basic constitutional challenges but does not support them with either argument or precedent.

I hope it goes away without prejudice.

Close the GayTM. Only give to candidates who have actually done something other than make promises - most are just pandering for our cash.

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by: JohnVisser @ Wed Jul 01, 2009 at 00:55:35 AM CDT

[ Parent ]

exactly

I remembered specifically that none of the major organizations wanted to touch it. That's why they have no proper legal representation.

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by: kevinchi @ Wed Jul 01, 2009 at 01:30:02 AM CDT

[ Parent ]

Federal Court will rule - no diverse citizenship

It is a state court jurisdiction issue.  Plantiff and defendants are all citizens of Louisianna.  Federal courts will only hear cases where the plaintiff has a complaint against a defendant of a different state on against the U.S. Government on constitutional issues.
In United States law, diversity jurisdiction is a concept used in civil procedure to refer to the situation in which a U.S. (federal) district court has subject matter jurisdiction to hear a civil case because the parties are "diverse" in citizenship, which generally indicates that they are citizens of different states (corporate parties, and non-U.S. citizens can also be included). Diversity jurisdiction and federal question jurisdiction (i.e., jurisdiction over issues arising under federal law) constitute the two primary sources of subject matter jurisdiction in U.S. federal courts.

Same-Sex Marriage is good for the economy.

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by: CharlesMerrill @ Wed Jul 01, 2009 at 10:15:18 AM CDT

[ Parent ]

The federal question is the constitutionality of LA's marriage ban

...under the US Constitution.  

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by: Diane95 @ Wed Jul 01, 2009 at 12:55:45 PM CDT

[ Parent ]

As you know, DOMA

leaves it to the states.  I don't think they have a case.

Same-Sex Marriage is good for the economy.

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by: CharlesMerrill @ Wed Jul 01, 2009 at 18:02:59 PM CDT

[ Parent ]

Unlike the 9th Circuit Federal Court

in California with two cases challenging Proposition 8 on U.S. Constitutional issues, the Fifth Circuit (LA) is heavy laden with conservative and religious Republican appointees.  It will be a miracle if the case is heard in Federal court.  The guys have courage.

Same-Sex Marriage is good for the economy.

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by: CharlesMerrill @ Wed Jul 01, 2009 at 18:17:12 PM CDT

[ Parent ]

If we're lucky

they'll be laughed out of court and we'll take minimum damage.

I am the lizard queen!

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by: RainbowPhoenix @ Wed Jul 01, 2009 at 01:33:52 AM CDT

Foolish Clients

You know the old saying: "A lawyer who defends himself has a fool for a client."

Absolutely the last thing we need -- that's an all-of-us comminuty "we" -- is losing foolish cases like this and setting precedents that can harm lots of people in Louisiana and beyond.

The lads from LA need to find something better to do with their time and egos.  

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by: S1 @ Wed Jul 01, 2009 at 09:00:26 AM CDT

I'm surprised at the comments

Many of them are supportive... especially for New Orleans, I suppose.

Oh man, that one commenter who was like "For the Prop 8 federal challenge, I hope that it gets upgeld AND the marriages get dissolved... because they said NO to gay marriage and they were clear that ANY MARRIAGE PERFORMED ANY TIME WOULD NOT BE RECOGNIZED" or something.

Except they said that any marriages performed before it passed would be upheld. Oops.

But I don't expect much understanding on the issue from a right-winger in Louisiana.

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by: Blanco @ Wed Jul 01, 2009 at 09:18:45 AM CDT

I'm confused

Didn't they file suit back in April? I reported on that then. Is there a new development that I'm not seeing?

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by: UnitetheFight.org @ Wed Jul 01, 2009 at 10:58:38 AM CDT

Yes and No

Yes it was filed back in April. And no there is no new development. It just seems to have picked up some interest in the news yesterday and went "virtually" unnoticed back in April. As it seems it is also doing now.

But hopefully this case will go away w/o causing harm via a precedent.

Close the GayTM. Only give to candidates who have actually done something other than make promises - most are just pandering for our cash.

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by: JohnVisser @ Wed Jul 01, 2009 at 11:30:50 AM CDT

[ Parent ]

Self Defense

I simply HATE that we all sound like victims and pawns and submissives to whatever other people "decide" to do for us.

The fact that OTHER PEOPLE are voting on whether or not I "should be ALLOWED" to see my husband when he is dying is enough to make me buy a gun and defend my right to do so when and if needed.

Decades MORE of Psychological Abuse? - OR - Stonewall.  Nationwide.  NOW!

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by: John Bisceglia @ Wed Jul 01, 2009 at 12:27:01 PM CDT

Exercising Constitutional Rights

Maybe that's the answer. If our rights are denied to us by the people, legislators, executives and judges, then maybe we exercise our right to bear arms and create a little counter indimidation - after all, reasoning doesn't seem to work with these people. Hmmm, just thinking about it is uplifting.

Close the GayTM. Only give to candidates who have actually done something other than make promises - most are just pandering for our cash.

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by: JohnVisser @ Wed Jul 01, 2009 at 21:05:57 PM CDT

[ Parent ]

YES

It's about taking back our POWER and exerting it for the safety and security of our families and children.    VERY AMERICAN.  

We're still victims of all people, legislators, executives and judges because we allow it.

Decades MORE of Psychological Abuse? - OR - Stonewall.  Nationwide.  NOW!

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by: John Bisceglia @ Fri Jul 03, 2009 at 20:08:19 PM CDT

[ Parent ]