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

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

    Quote Originally Posted by jimbo View Post
    They are not forcing anyone to stay married. They don't recognize the marriage, so nothing to grant a divorce from.
    The Feds recognize the marriage. What about those issues like w SS benefits

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

    Quote Originally Posted by iacardsfan View Post
    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.
    lol well EASY


    thank you but i wouldnt go that far but its always nice to have hope but its exactly cases like this and the dumb state banning that are going to pave the way.

    I definitely didnt prove you wrong but now at least you see the path i was trying to explain to you and how its going to come unraveled pretty quickly.

    my GUESS is this will go to the SSC and be ruled on, im not sure whats going to happen there. I think the SSC is going to rule against these guys and they are going to have to push it to SCOTUS but again its these things that are going to happen more and more and more pushing equality over discrimination.
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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
    actually yes even IN texas they are still legally married. Texas does not recognize their marriage to be legal on a state level but they are legally married. Even more so now with the fall of DOMA and the IRS recognizing this also granting tax rights for all those legally married no matter where they reside.

    and thats the point of my op, this is the stuff that is going to help achieve equality eventually and end discrimination on this front.
    If you apply that logic, then my legal, Constitutional right to carry in VA is valid in every state, locality, and public building.

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

    Quote Originally Posted by winston53660 View Post
    The Feds recognize the marriage. What about those issues like w SS benefits
    Then the feds should grant the divorce. That ought to make an interesting SCOTUS case.

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

    Quote Originally Posted by jimbo View Post
    If you apply that logic, then my legal, Constitutional right to carry in VA is valid in every state, locality, and public building.
    no thats not what it says at all, never said "VALID"

    if you actually use the factual logical i applied when you are in a state that doesn't recognize your CWP, you are STILL factually a conceal weapons permit holder. NOHTING can change that fact. THat state doesn't see it but you still factually are. Thats what i actually said and thats what the facts are. DOesnt matter where these guys are they are still factually married.

    also on a side note, if it was up to me thats how I would make it. Your CWP should be VALID and RECOGNIZED everywhere in the US

    i wish there were cases like this to push the gun laws also but the huge difference is, these guys arent breaking the law being legally married or asking for a divorce. I go to the wrong state with my gun and i could become a felon.
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    Re: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    Quote Originally Posted by jimbo View Post
    Then the feds should grant the divorce. That ought to make an interesting SCOTUS case.
    Wouldn't that infringe on states rights

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

    Quote Originally Posted by jimbo View Post
    If you apply that logic, then my legal, Constitutional right to carry in VA is valid in every state, locality, and public building.
    And I won't get my radar detector confiscated when driving in Virginia.
    People in Dubai don't like the Flintstones but people in Abu Dhabi do

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

    Quote Originally Posted by AliHajiSheik View Post
    And I won't get my radar detector confiscated when driving in Virginia.
    That too, Virgnia has a few smart laws, a few dumb ones, but the radar detector law is among the dumbest.

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

    Quote Originally Posted by winston53660 View Post
    Wouldn't that infringe on states rights
    Yes it would. That's the point.

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

    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?

    Serious answer. All state recognize as valid all legal Civil Marriages entered into under another states law even if it conflicts with their own law (except for those Civil Marriages based on gender). For example, an individual as young as 13 can be Civilly Married in New Hampshire with court approval. In Texas an individual as young as 16 can be allowed to enter into a Civil Marriage under certain conditions.

    Texas Statute | Family Code | Title 1 The Marriage Relationship | Subchapter B Public Policy | Sect 1.103 provides that "PERSONS MARRIED ELSEWHERE. The law of this state applies to persons married elsewhere who are domiciled in this state." Also the Texas Penal Code (PENAL CODE | TITLE 5. OFFENSES AGAINST THE PERSON | CHAPTER 21. SEXUAL OFFENSES) defines ""Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction." Texas Code (Sec 21.11) provides that "It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense."

    Therefore a 13 year old who is married in New Hampshire and moves with his/her spouse to Texas, they are still considered legally married under the laws of Texas with all the rights, responsibilities, and privileges (Family Code) and the (presumably older) other spouse has an affirmative defense based on Civil Marriage to not be prosecuted for child abuse/indecency with a minor.


    FAMILY CODE**CHAPTER 1. GENERAL PROVISIONS
    PENAL CODE**CHAPTER 21. SEXUAL OFFENSES


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