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Thread: SCOTUS blog: DOMA Unconstitutional

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by disneydude View Post
    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.
    They don't mention sexuality in the Ohio law, as I've shown, so that would mean that it doesn't apply to "straights only", therefore nothing changes.

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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.
    no - SCOTUS seems to have deliberately avoided ruling on it. The only thing I see suggesting either way is the reaffirmation of the right of the States' definition to prevail over that of the Federal Govt.

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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.
    Short answer? no.

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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by CanadaJohn View Post
    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.
    Only if they actually sign the paperwork and are legally authorized to do so in that state. Pretty much all ordained priests/ministers are, but that doesn't mean that the couple is automatically married legally just because the church says so.
    "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 Zyphlin View Post
    Cue individuals from both sides proclaiming that this ruling "inevitably" means unquestionably that their side will win out.
    Isn't that the purpose of analyzing the Supreme Court decision? There are certainly indications in their decision that seem to indicate and even invite nationwide challenges....and unless the idealogy of the Supreme Court shifts over the next few years, it certainly is a clear sign of hope for an end to discrimination nation-wide.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by Samhain View Post
    They don't mention sexuality in the Ohio law, as I've shown, so that would mean that it doesn't apply to "straights only", therefore nothing changes.
    Well then...thats good. Gay marriage is legal in Ohio then.
    <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.
    I do know, for a fact, that gay couples who came to Toronto or other parts of Canada to get married from states that did not sanction gay marriage, did not have their marriage recognized when they returned home. In fact, in cases where the gay couple decided to divorce, their state did not recognize their marriage so did not validate their divorce and they came back to Canada to get a divorce. Until recently, they could not get a divorce in Canada either because they were not residents of Canada even though they were married here.

    Just more examples of the government's involvement in marriage being problematic.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by CanadaJohn View Post
    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.
    I specifically states there is overlap. In your example of the catholic church, you are looking at the practical, while ignoring the theoretical, which is that states are not required to recognize those marriages. If the catholic church decides to marry people that the state does not recognize as married, which is entirely possible if unlikely, then you would have your separation. Overlap is there, but they are still separate.
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    Re: SCOTUS blog: DOMA Unconstitutional

    Quote Originally Posted by cpwill View Post
    no - SCOTUS seems to have deliberately avoided ruling on it. The only thing I see suggesting either way is the reaffirmation of the right of the States' definition to prevail over that of the Federal Govt.
    With Kennedy's caveat that there is no legitimate state interest in limiting marriages to "straights only". That is a clear invitation to bring a challenge that will allow for a nation-wide ruling. Why do you think Scalia was so vitriol in his dissent. The writing is on the wall.
    <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 roguenuke View Post
    Only if they actually sign the paperwork and are legally authorized to do so in that state. Pretty much all ordained priests/ministers are, but that doesn't mean that the couple is automatically married legally just because the church says so.
    Agreed - I didn't want to get buried in the details, just the overlying principles, but you are correct.
    "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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