Posted by burnsy483 on 6/24/2013 9:33:00 AM (view original):
Posted by MikeT23 on 6/24/2013 9:27:00 AM (view original):I'm not sure what's so hard to understand. BL thinks DOMA is unconstitutional because he believes it goes against the 10th amendment. tec does not, because he interprets the 10th amendment in a different way. It's up for debate.
So, if SCOTUS has not ruled or been asked to rule, is a law unconstitutional?
That is not correct. I have made no comment on the constitutionality (or not) of DOMA.
My only comment is that a process muct be followed before a law is conclusively and definitively deemed unconstitutional.
That process has not yet fully played out. DOMA is still active and still being enforced.
Unconstitutional laws cannot be active and enforced. Therefore, DOMA must be treated as constitutional until deemed otherwise.