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U.S. Supreme Court says DOMA is unconstitutional!


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I am so happy the Supreme Court found the Defense of Marriage Act unconstitutional today!   They also struck down Prop 8 in California, so that state (which has 11% of the country's population) will again consider same-sex marriages to be legal.

 

I wasn't actually that surprised, because when you think of the legal basis for it, it took away rights that at least 12 states (I think it's 12) have now given to same-sex married couples, and that really should not happen.

 

I never understood the argument against marriage equality .. the one that says other people having the ability to marry (and take advantage of the rights and privileges of marriage) would somehow negatively affect MY marriage!  

 

I am of the mind "live and let live"...

 

A good little joke I've heard is that heterosexual couples have not really done such a good job of "defending marriage" with the 50% divorce rate!  

Edited by FlamelessCandle
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I wasn't actually that surprised, because when you think of the legal basis for it, it took away rights that at least 12 states (I think it's 12) have now given to same-sex married couples, and that really should not happen.

 

It's thirteen. Minnesota nice triumphs again.

 

(Also the District of Columbia.)

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Some of my lawyer friends here  (our state does not allow gay marriage; current legislature is majority neanderthal) are predicting that, in states that do NOT offer marriage equality, there are lawsuits waiting to happen.

 

Rachel Maddow explained it this way last night on her show (MSNBC):  You are a legally married same-sex couple living in (for example) Massachusetts.   You go along for ten years, working, having children, owning property together, filing joint federal and state taxes, etc.   Your retirement planning has assumed that one partner will have access to the other's social security benefits (under currently existing law for married couples).  You've assumed that one spouse can leave assets to the other by inheritance, with no extra taxes.  

 

Then!  Your job transfers you to Utah.  You arrive in Utah, and suddenly you are NOT married.    But ... you're married in the eyes of the federal government and you were married in the state where you just came from, and everything is your marriage is intertwined ...  Now you are no longer married?  How can you be not married and legally married at the same time?   It is very confusing.  

 

So - I see more challenges brought in states who do not allow marriage for all.  It's too bad it takes all this litigation but "whatever".

 

Mike Huckabee tweeted after the decision was announced: "Jesus wept".    I am quite sure Jesus has much worse things to weep about.    

 

And how does Mike Huckabee know if Jesus is "weeping" or not?   

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Mike Huckabee tweeted after the decision was announced: "Jesus wept".    I am quite sure Jesus has much worse things to weep about.    

 

And how does Mike Huckabee know if Jesus is "weeping" or not?   

 

And here's your Bible fun fact for today. Please note "Use as an Expletive."

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Mike Huckabee tweeted after the decision was announced: "Jesus wept".    I am quite sure Jesus has much worse things to weep about.    

 

And how does Mike Huckabee know if Jesus is "weeping" or not?   

 

And here's your Bible fun fact for today. Please note "Use as an Expletive."

 

 

Ha ha ha ha ha   this is really hilarious!  I wonder if Rev. Huckabee knows this?    I have a new phrase to use now..... :)

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SCOTUS did not strike down the section of DOMA that says states don't have to recognize gay marriages of other states. All of DOMA is not dead. Most likely, it will take lots of litigation to straighten out marriage recognition in "homophobic states."

 

Meanwhile, I'd like to know if states and employers have to recognize any marriages from other states. Is there law on this or is it just the way it's always been? If it's a choice, I imagine states could stop offering tax breaks to those not wed in the state and tightfisted companies could decide to not offer health benefits to spouses of anyone not married in the same state as the company. That would make for sad situations and lots of interesting litigation.

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AnneMarie - that is a really good question!  

 

Seems to me that employers and state/local governments have always recognized the marriages of couples (opposite sex couples) of other states...  maybe a lawyer will know if it has always been that way, or if there is specific law covering this.  

 

Wouldn't it be something if states and employers started denying benefits, etc. if you were not married in THEIR state?  Well, that is the way it will be for gay couples, and that's why I think there is much more litigation to come.  What about states with operations in multiple states?  There are lots of those!  A nightmare for the HR department/benefits department.  

 

I'm seeing a lawyer at 12:30  (not really "seeing a lawyer" she is the mommy of our little nephews) and she might know, she's really been following this stuff.   

 

I love thinking about how one decision complicates many others . . . .  

Edited by FlamelessCandle
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Meanwhile, I'd like to know if states and employers have to recognize any marriages from other states. Is there law on this or is it just the way it's always been? If it's a choice, I imagine states could stop offering tax breaks to those not wed in the state and tightfisted companies could decide to not offer health benefits to spouses of anyone not married in the same state as the company. That would make for sad situations and lots of interesting litigation.

 

I don't know the answer to that question, but two friends of mine who were married in Canada last year will now have their union recognized here. It's going to relieve the non-American partner's green card issues. They won't have to live with the worry of him suddenly losing his work status and being deported.

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States do not have to recognize a legal gay marriage from another state because of this ruling, yet. That is likely to take more litigation. This ruling knocked down DOMA and made gay marriage legal in Calif.

There is still a long way to go before gay marriage affords the same rights as straight marrige in all US states.

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I love it!  I love it!   I'm a big fan of the New Yorker anyway... this is a cover I am going to keep.  They have the GREATEST covers.  

 

I always knew Bert and Ernie were more than just friends.  

 

me too. I knew it I knew it!

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