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Thread: SCOTUS blog: DOMA Unconstitutional

  1. #151
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by roguenuke View Post
    My God is God. Your God is the one that isn't God.
    This is an impossibility. Neither of you "have" "a God". That's like saying that because I think that the earth is perfectly round and you think that it is elliptical that I "have" an Earth and you "have" a different Earth, and so we need not fear ever running into each other, as we live on separate worlds. No - we both live on the same planet; the difference is that one of our assessments of it is more accurate than the others'.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by CanadaJohn View Post
    I agree, in principle, but you'll find in practice it's the exact opposite today - I can't think of a single mainstream religious marriage ceremony that is not recognized by the state in which it's performed - but it likely will revert back to the situation as you outline it above in the not to distant future.
    Polygamist marriages are not recognized by the state, but some churches do perform them. There is overlap in the usage, but marriage by the government and marriage by religious groups are two separate animals.
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  3. #153
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    Wondering, do people in states that ban SSM get to file joint federal tax returns? Do they get federal benefits that comes with marriage? Or are they denied by not being able to have their marriage recognized by the state they live in?
    Gays in here in SD cannot marry, so they cannot file joint taxes any more than another unmarried couple.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by What if...? View Post
    Isn't there some law that says a license granted in one state is valid in all, though?
    It is the full faith and credit clause of the Constitution, but it does not require states themselves to do much as far as marriage. Common law marriage was heard by the SCOTUS in the late 1800's and it has never nationalized those despite having opportunities to do so. It is an issue they avoid. Largely it is the same thing they did today. Just to pat myself on the back, I have posted here before that gay marriage was more comparable to common law marriage legally than it is to Loving. Based upon the reports I have seen, these decisions followed that history.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Your Star View Post
    Wondering, do people in states that ban SSM get to file joint federal tax returns? Do they get federal benefits that comes with marriage? Or are they denied by not being able to have their marriage recognized by the state they live in?

    And if that is the case, what impact will it have on future rulings, because based on the ruling of DOMA, those laws could be seen in the same light.
    Are you referring to SSM couples who get married in one state, but end up living in a state that does not recognize them? I read something on that, which basically came down to it would be up to the administration, which in this case would likely decide to extend marriage benefits to those states. It is however not a clear cut thing as I understand it.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Samhain View Post
    Here is Ohio's basic law. Since there are different ages for males vs females, that's going to have to go. So will the second cousins portion. And the second sentance.
    There is nothing in the Windsor decision to support that claim. There is a clear indication when they talk about the 5th Amendment requiring equal protection for gays that state laws that restrict marriage to "straights only" will be stricken. But it doesn't mean that other restrictions could fall as well...its just that this decision doesn't address them.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: SCOTUS blog: DOMA Unconstitutional

    This is one of the expected outcomes of this case and a good one for those who support same sex marriage. There are problems with this ruling for the support side, but they are problems that really take either one change in opinion on same sex marriage and laws banning them, either via a current Justice or a new Justice.

    The states' recognition of same sex marriage under Full Faith & Credit was never under legal review (from what I remember of the cases), so it really wouldn't have been likely at all for a ruling to strike this down. The Prop 8 case was not expected to take down all state marriage laws. We had hope, but it isn't a disappointment because it was expected to go down under a technicality, not a sweeping ruling.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    Polygamist marriages are not recognized by the state, but some churches do perform them. There is overlap in the usage, but marriage by the government and marriage by religious groups are two separate animals.
    Polygamist marriages are the exception that prove the rule I put forward. It is true, there are government sanctioned marriages that certain churches don't recognize, such as gay marriages or second marriages without annulments in Catholic Churches, however, I would defy you to identify a single state or the federal government that does not recognize all marriages performed in Catholic Churches.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by cpwill View Post
    No doubt - but that is not what he was doing here.
    WHO? There are a number of people who have claimed to speak for God....who are you referring to?
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Redress View Post
    Are you referring to SSM couples who get married in one state, but end up living in a state that does not recognize them? I read something on that, which basically came down to it would be up to the administration, which in this case would likely decide to extend marriage benefits to those states. It is however not a clear cut thing as I understand it.
    It's rather interesting, it seems to me that this is leading up to a big case, similar to Prop 8, that will make SSM legal everywhere. It seems like the only reason we didn't get that today, is because of procedural reasons.
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