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I asked this in the BN thread on the Prop 8 ruling thread, but my question is getting buried. Please note in advance I want to keep this to being just about the rulings and how they can be reconciled, and not about whether gay marriage is right, polygamy, or any other things. SO I ask respectfully to stick to just the question and those things directly related. Now, to my question:
The Prop 8 ruling was that California's Prop 8 was unconstitutional, violating the federal constitution. The DOMA ruling stated in part that the federal ban on gay marriage was unconstitutional because it interfered with a states right to regulate marriage. Now, it seems, at least on the surface, that the two rulings are in opposition to each other. I think I can see ways to resolve the two rulings, but I am not a lawyer, judge, or a legal expert in any way. Can the two be resolved? If one ruling is right, is the other inherently wrong?
The Prop 8 ruling was that California's Prop 8 was unconstitutional, violating the federal constitution. The DOMA ruling stated in part that the federal ban on gay marriage was unconstitutional because it interfered with a states right to regulate marriage. Now, it seems, at least on the surface, that the two rulings are in opposition to each other. I think I can see ways to resolve the two rulings, but I am not a lawyer, judge, or a legal expert in any way. Can the two be resolved? If one ruling is right, is the other inherently wrong?