29 comments
Richard Lyon
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This is a really excellent tour d'horizon of the present legal battle, Scottie and Prop 8 Trial Tracker are a truly valuable resource.

ScottieThomaston
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 @Richard Lyon Thanks Richard :) 

 

Great to see you over here! I should be over here myself more often. It feels like we're nearing the end of Section 3 of DOMA. Nerve-wracking haha.

KayWhitlock
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Scottie, this is remarkable.  Thank you for a powerful and important summary.  I had no knowledge, for instance, of Golinski v. Office of Personnel Management.  I am going to hang onto this piece (and part 2!) as part of my own informational/conceptual tool kit.  Much appreciation to you. 

ScottieThomaston
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 @KayWhitlock Kay! Great to see you! 

 

I'm glad it was useful. With at least one of these going to the Supreme Court, I just wanted to be as thorough as possible. The Supreme Court is a huge deal (even though DOMA itself isn't about marriage, just about the federal law that refuses to recognize already-legalized marriages.) 

 

If you want an even <i>more</i> detailed look you could venture to the links I posted. I pretty much have gone over every filing in these cases and posted analyses of them. :)

KayWhitlock
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 @ScottieThomaston Yep, I'm going to collect material from the various links.  I check in periodically on Prop8 Trial Tracker, and your work is just superb, Scottie.  Kudos. 

 

On the importance of DOMA - beyond the specific issue of marriage, I've always regarded it as the crowbar in the tool box of the right wing wrecking crew to be used to leverage demolition of all domestic partnership, civil union, queer adoption, and other issues related to family/household law and legal recognition.  A tool for enforcing the most rigid kinds of social conformity.  I think its impact goes way, way beyond marriage. 

KayWhitlock
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 @ScottieThomaston Going to read that House report, Scottie.  That will certainly be one of those historic documents that later generations hear quoted, with horror and astonishment that people could have been so inhumane.  Thanks for the heads up.

 

As for Clement, what utter hypocrisy

ScottieThomaston
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 @KayWhitlock I think you're totally right. I've long thought DOMA was worse than even anti-marriage laws because it's a federal law imposing a strict definition of relationships, and I don't think that is something easily defined simply by an act of Congress. It's like, you know, why force one type of relationship onto those who don't fit into it? 

 

And I don't know how much time you might have, but the House Report on DOMA is extremely chilling and telling. They say OUTRIGHT that DOMA is about preserving heterosexuality. They don't try to euphemize it or anything. It's actually in the text. It's very disturbing.

 

One odd little factoid about that: the attorney defending DOMA is Paul Clement, who also recently fought against the health care act. During the health care litigation he argued that the federal government can't channel people into an activity they were not going to otherwise participate in just for the sake of regulating their conduct.

 

In this litigation he is arguing that the federal government can enact DOMA as a means to channel people into heterosexual marriages, even where they weren't going to be in one. 

 

Funny, that. 

rubyr
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WOW!!! I read a good bit of this and realized that it was going to take me quite a bit of time to completely read it because it is so detailed and well done. Good on you, Scottie. This is 

amazing. I was reading about it bit by bit where I found articles and I had become hopelessly confused. I think when I get some time to sit down with your piece, I might find some clarity. 

 

Thank you, Nancy, for providing the wonderful writing and guest writers that we find here each week. A truly hurculean effort. 

 

love.

ScottieThomaston
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 @rubyr Thanks! It was really fun to write. And yeah, it can get really confusing. There are so many cases. (I think like 12 DOMA cases or something. Crazy.) 

rubyr
rubyr like.author.displayName like.author.displayName like.author.displayName 3 Like

 @ScottieThomaston I am amazed at the level of clarity you reached with this piece. Really amazing. Thanks again and hope you are well and happy. 

ScottieThomaston
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 @rubyr Thank you!! :) :) I'm really happy too.

 

And no it's a "virtual office": I work out of my apartment in south Alabama and some others are in California, and others are in New York. So we're all spread out. Their main location is based in California, though. 

rubyr
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 @ScottieThomaston That is so wonderful!!! Do you telecommute? You must. I am so happy for you and very glad that your superior writing skills are being viewed by a wider audience. 

ScottieThomaston
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 @rubyr Me? At Prop 8 Trial Tracker (well, actually for Courage Campaign, who runs the site.) It is a seriously amazing job. I'm extremely happy there. 

rubyr
rubyr like.author.displayName like.author.displayName 2 Like

 @ScottieThomaston Where are you working? That sounds like a GREAT job and perfect for you.

ScottieThomaston
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 @rubyr Thanks! I'm doing alright :) Hope you are too!

 

And yeah, well I do this for work now so I'm kind of immersed in the whole thing. It's fun, but tons of work and information. 

nancy a heitzeg
nancy a heitzeg like.author.displayName like.author.displayName 2 Like

hey rubyr! always always al;ways great to see you :)

 

All thanks to Seeta -- love the space she has created here

 

@rubyr 

rubyr
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 @nancy a heitzeg OH MAN!!! I am so sorry Seeta!! That was thoughtless and rude. Having a kind of crazy day. Thank you, as well, for the amazing info found here. What a ditz is I. Thanks, Nancy, for pointing that out. I am kind of blushing and I don't do that very often. 

I am grateful for all of you, your intelligence, the good you are doing in the world and the hard work you do is a blessing to us all. 

rubyr
rubyr like.author.displayName 1 Like

 @nancy a heitzeg Thanks for your kindness. Sometimes I am just somewhere else in my little mind. ha ha ha

nancy a heitzeg
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 @rubyr No worries rubyr -- no blushing either

 

there is a lot going on over here

 

we are grateful to you for your support

nancy a heitzeg
nancy a heitzeg like.author.displayName like.author.displayName like.author.displayName 3 Like

thanks so much for this invaluable guide Scottie!

 

There is a lot going on and this certainly helps to navigate the legal waters

 

Much appreciated

ScottieThomaston
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 @nancy a heitzeg Thanks! I won't be able to do part 2 til the weekend and post until next week because of work, but this is really fun to write. People keep asking me what the latest is so it seemed good to get it all in one place.