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Thread: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Showdow

  1. #101
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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    Quote Originally Posted by molten_dragon View Post
    So let me get this straight.

    Texas doesn't allow gay marriages to be performed in Texas.
    Texas does recognize gay marriages performed in other states.
    But they won't allow a gay couple whose marriage they recognize as legal to get a divorce?

    That has to be the dumbest set of laws I've ever heard of.
    Does Texas recognize their marriage or does it recognize certain legal benefits that come with their marriage? There IS a difference between the two points though would not be immediately obvious. And given that Texas does not have a income tax the benifis would not be as great as they would be in states that do have an income tax. And still a lot of the benefits would actually not involve Texas government such as benefits that an employer would recognize.

    All that would need to be done is for Texas to grant divorces for marriages that originated in other States without accepting the grounds for the marriage as valid for its purposes granting marriage.
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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    These two are idiots for expecting to get a divorce in a state that doesn't recognize their marriage in the first place.
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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    Simply, no divorce is possible for them in Texas as the they are not married in the eyes of Texas law. In fact, they are each free to marry women in Texas without a bigamy charge.

    Wouldn't that be a fun SCOTUS case. One of them marries a woman in Texas and Mass charges him with bigamy. But in reality the cowardly court wouldn't touch that one with a ten foot pole.

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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    I'm a bit confused. Are there other differences between states on when a marriage is legal? Like the age of the parties involved? What happens in those cases if they do exist?

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    Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional...

    Quote Originally Posted by Ben K. View Post
    I'm a bit confused. Are there other differences between states on when a marriage is legal? Like the age of the parties involved? What happens in those cases if they do exist?
    Some states go as low as 12 with a judges permission. Presumably gays that young could marry that young if gay marriage were permitted in that state.

    I think some states may require blood tests but it is not as common as it used to be.
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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional...

    How about the federal benefits? After ten years of marriage the surviving spouse can file for SS benefits. And after ten years then divorce a spouse can file for half the benefit

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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    Quote Originally Posted by AGENT J View Post
    Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Showdown - Business Insider

    back up links:
    Texas and gay marriage: Will Texas’ refusal to grant divorces to same-sex couples be the next front in the marriage-equality wars? - Slate Magazine
    Inside The Next Big Battle For Gay Rights


    and BOOM!
    there you have it.
    Stuff like this is the beginning to the end of discrimination and denying equal rights.

    Me and many others called it when DOMA fell and then again when IRS granted equal rights no matter the state couples reside.

    National equal rights for gays is coming and many cases (hopefully just a few SSCs and one SCOTUS) like these are going to make it happen. These types or gross discrimination and equality violations along with state bannings are going to HELP establish equal rights for gays.

    In my opinion there's nothing right about what Texas is doing to these people and legally other similar cases have ruled its wrong also.

    Like i was saying, when DOMA fell me and others said thats the first step because cases like these and 1000s of others are going to establish equal rights.

    If a gay married couple lives in taxes and one of them is in the hospital does the other not get spousal visitation rights or spousal say in healthcare?
    Can one of them cheat and its ok?
    What if one dies, does texas take the stuff in the dead spouses name?
    Can one spouse be FORCED to testify against the other since texas doesnt see their marriage?
    etc etc etc etc and a 100 more examples that involve state, and local policies.

    There will be cases like these springing up more and more and they will have to be dealt with. Its great because its going to be poetic justice, all these discrimination and laws banning equal rights for gays are going to be the kindling for the fire to burn the whole bigoted and or discrimination wall down.

    Equal rights is going to get the last laugh!

    Bigotry and discrimination are already against the ropes, their wobbled, their stunned!

    Soon they will catch a left jab of equal rights and a right hook of justice, knocking their teeth out and sending them to the canvas down for the count!!!!
    We recently had a discussion about how long until SSM will be universal and I maintained we are still quite a few years away, but I must say you have proved me wrong. This case looks just like the thing that will set that precedent.
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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    Quote Originally Posted by sangha View Post
    Texas doesn't want to recognize their divorce because to do so would be a recognition of their SSM

    So instead, they're forcing a same sex couple to stay married

    WAY TO GO, TEXAS!! You're doing a fine job of eliminating SSM's
    They are not forcing anyone to stay married. They don't recognize the marriage, so nothing to grant a divorce from.

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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    Quote Originally Posted by WCH View Post
    They didn't move here so they could get a divorce.

    Why put yourselves in this predicament unless you have ulterior motives or zero forethought.
    Methinks you just figured out two posible reasons.

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