After all that fuss to get married.....

Damocles said:
If such things were the subject of the 'divorce' there are plenty of laws already on the books to deal with who gets the child, child custody could be taken care of without resorting to forcing a state to recognize the marriage and then grant a divorce. You and I both know that this isn't what the divorce is about.

The point of this 'divorce' is to question the constitutionality of the Defense of Marriage Act. If all it was to do is divide up property they could use the same laws that live-in couples without marriage use.
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This is at least one place where you have made a judgement on what they SHOULD do because there are "plenty of laws to deal with who gets the child" You argument completely ignores the double standard, one which if it were based on race or any other factor, would be unconstitutional. You are in this argument endorsing the state NOT recognizing the marriage because there are other laws on the books. And I do just fine in court, but thanks for your completely lay knowledge concern.
 
Socrtease said:
This is at least one place where you have made a judgement on what they SHOULD do because there are "plenty of laws to deal with who gets the child" You argument completely ignores the double standard, one which if it were based on race or any other factor, would be unconstitutional. You are in this argument endorsing the state NOT recognizing the marriage because there are other laws on the books. And I do just fine in court, but thanks for your completely lay knowledge concern.
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No, I have only given what they could do with the law as it currently is. I have not suggested they not sue, I have not said I do not support them, I have given no opinion.

I have simply stated that if all they wanted to do was separate then this is what they could do. However, the goal, IMO, is to get the courts to decide on the constitutionality of the Defense of Marriage Act and to force all states to recognize their marriages.

I support that. I hope they take it all the way to the SCOTUS.

If you do well in court it is because you do better than this assumptive guessing of my opinion with no evidence to support it. I guess there, you actually ask questions rather than just assuming that I am a rock and can't answer them so you must give me my opinions regardless of their accuracy.
 
Damocles said:
If you do well in court it is because you do better than this assumptive guessing of my opinion with no evidence to support it. I guess there, you actually ask questions rather than just assuming that I am a rock and can't answer them so you must give me my opinions regardless of their accuracy.
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That's probably true. But it did appear to me that you were arguing in favor of RI's position.
 
Socrtease said:
That's probably true. But it did appear to me that you were arguing in favor of RI's position.
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No, I don't think their position will hold up in any higher court than that within their state. Once it gets to Federal courts they will have to rule on the constitutionality of the law that gives the state the "right" to deny them a divorce. I think that this is the first step in striking down the Defense of Marriage Act.
 
Yes but when it gets to the SCOTUS does Kennedy jump ship and join the other four that I think will strike down DOMA. Kennedy is now the swing vote and he swung with Scalia et al, almost everytime this past session and I don't know how to read him anymore. I almost think he bends with the strongest wind and right now that is Scalia.
 
Socrtease said:
Yes but when it gets to the SCOTUS does Kennedy jump ship and join the other four that I think will strike down DOMA. Kennedy is now the swing vote and he swung with Scalia et al, almost everytime this past session and I don't know how to read him anymore. I almost think he bends with the strongest wind and right now that is Scalia.
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We'll see. I think that it will unfortunately give the RR a point to bring out the religious nutwings to vote for some religious right President. I wish they had waited as I want the nutjobs to be relegated to the minority position they should hold.
 
Yeah the newest lawyer in our firm JUST asked me when I told her about the case, "Is this the right time for that kind of case?" Probably not.
 
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