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Obama admin. Urges Supreme Court to Overturn Cali Gay Marriage Ban

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Posted · Report post

Can they do that?

http://www.nytimes.com/2013/03/01/us/politics/administration-to-urge-justices-to-overturn-a-gay-marriage-ban.html?_r=0

[quote]
WASHINGTON — The Obama administration will throw its support behind a broad claim for marriage equality, urging the Supreme Court to rule that voters in California were not entitled to ban same-sex marriage there, according to an administration official.

The federal government is not a party to the case, Hollingsworth v. Perry, No. 12-144, and was not required to take a position in it. But the lawyers who filed the challenge, Theodore B. Olson and David Boies, along with gay rights groups, lobbied hard for the brief, saying the administration could not stay silent on the issue.

The broad outlines of the administration’s position were not a surprise, given that it filed a brief last week in a same-sex marriage case in which it is a party, United States v. Windsor, No. 12-307. But that case presents only the narrower question of the constitutionality of part of the federal [url="http://www.gpo.gov/fdsys/pkg/BILLS%2D104hr3396enr/pdf/BILLS%2D104hr3396enr.pdf"]Defense of Marriage Act[/url] of 1996, which defines marriage as the union of a man and a woman for the purposes of more than 1,000 federal laws and regulations.

The Supreme Court’s ruling in the Defense of Marriage Act case will at most decide whether the federal government can discriminate against same-sex couples even if they married in states that allow such unions. Nine states and the District of Columbia allow same-sex marriage.

The case from California presents the broader question of whether there is a constitutional right to same-sex marriage in the states that do not allow it, which is why the new brief is significant. It is hardly certain, however, that the Supreme Court will end up deciding that broad question. The court may well avoid the issue on technical grounds or rule in a way that applies only to California.
[/quote]

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Posted · Report post

what... urge them?

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Posted · Report post

yeah. Separation of powers and so forth.

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[quote name='Jase' timestamp='1362085698' post='2147740']
yeah. Separation of powers and so forth.
[/quote]

this has happened before, i can't remember who it was or what the case was but i remember having the same WTF reaction... Evidently they can and i guess it would be naive to think they wouldn't otherwise... that said, I don't think it has much affect... might even be detrimental.

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Posted · Report post

They can definitely urge, suggest, implore, etc...

They just can't force.

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Posted · Report post

He filed a "friend of the court" brief which can be filed by pretty much anyone.

[url="http://en.wikipedia.org/wiki/Amicus_curiae"]http://en.wikipedia.org/wiki/Amicus_curiae[/url]

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Posted · Report post

[size=5][sup]They can, and they should. [/sup][/size]

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Posted · Report post

Why only Cali? Seems weird that he would target only a single state.

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[quote name='Tensor' timestamp='1362192075' post='2149316']
Why only Cali? Seems weird that he would target only a single state.
[/quote]

It is one of the most accepting states. It's like a domino affect. Start where there is strong support and watch the dominoes fall. That's the way i see it anyway.

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Posted · Report post

HaHa
Separation of Powers

Where have you guys been? Obama does not need the Senate, nor House, to govern. Biden is leaning on state legislatures also, so much for states rights.

The leftist in centrist clothing strikes again.

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[quote name='stirs' timestamp='1362256627' post='2149710']
HaHa
Separation of Powers

Where have you guys been? Obama does not need the Senate, nor House, to govern. Biden is leaning on state legislatures also, so much for states rights.

The leftist in centrist clothing strikes again.
[/quote]

Really? Because from my admittedly leftist position on this issue, it seems that Obama is continuing his policy of giving lip service to the idea of gay marriage while doing nothing substantial to further the cause

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[quote name='thatlookseasy' timestamp='1362257835' post='2149717']


Really? Because from my admittedly leftist position on this issue, it seems that Obama is continuing his policy of giving lip service to the idea of gay marriage while doing nothing substantial to further the cause
[/quote]

Our government is not run by ONE person. We do/did have a system of government. It is why we have elections. Just because one guy wants something(which is also a change from how he began), it does not mean he gets it if the voters, legislature, courts and all are not with him.

Sorry to say, but lip service is all he can give, unless......

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