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

  1. #331
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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
    That hasn't come before the SCOTUS. Neither has SSD.

    Fact of the matter, if the FedGov continues to push their agenda on the states, it will set a dangerous precedence.
    You obviously have little to no understanding of the Supremacy Clause....and BTW....the SCOTUS has recognized marriage as a fundamental right (Loving v. Virginia).
    <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: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    Quote Originally Posted by AliHajiSheik View Post
    If you go into a store in Massachusetts and buy a widget at a local store and return it home to Texas, don't try to return it to a local store in Texas since it wasn't that store that sold you the widget in the first place.

    Why should Texas issue a divorce when it doesn't recognize them as being married. Don't want to be married? Great, you aren't. Married people can't just do that, but SSM people can. So much for equal protection.
    The right to "buy widgets" is not a fundamental right recognized under the US Constitution. Try again.
    <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: Texas' Refusal To Allow Gay Couples To Divorce May Be The Next Constitutional Sho

    Quote Originally Posted by disneydude View Post
    You obviously have little to no understanding of the Supremacy Clause....and BTW....the SCOTUS has recognized marriage as a fundamental right (Loving v. Virginia).
    TheTexas law has not gone before SCOTUS.

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

    Quote Originally Posted by disneydude View Post
    Bush v. Gore had nothing to do with equal protection....and the Justices clearly indicated in the decision that it was not precedent. So what exactly is your point again?
    The Supreme Court in a 7-2 decision disagree with you: Bush v. Gore | The Oyez Project at IIT Chicago-Kent College of Law that Bush v Gore had to do with equal protection. Again, you only support equal protection when it is something that you support.

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

    Quote Originally Posted by disneydude View Post
    The right to "buy widgets" is not a fundamental right recognized under the US Constitution. Try again.
    I didn't realize that divorce was a fundamental right. Learn something new everyday.

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

    Quote Originally Posted by WorldWatcher View Post
    #1 - I believe Texasa doesn't have income tax. Therefore there would be no income tax forms to file.

    #2 - Not quite true for a couple of reasons. If both names are on the title of that car, then that is an asset to divide. If both names are on the mortgage, that is an asset to divide. If both names are on a lease, that is a financial responsibility to be dealt with. None of those things require a business license and the creation of a commercial partnership.

    Also, without a divorce degree ending the marriage (from some state), then they remain married for Federal purposes which then has tax implications for income and division of property.


    >>>>
    Good points. Is there a federal bigamy staute? Let's suppose one of these men marries a woman in Texas (he can do so because they are not married in the eyes of the state of Texas), how is the IRS going to process the spousal exemption? On one fellow's form would be the name of the other fellow he married outside of Texas, and THAT fellow's form would list the wife he married in Texas. And who would get the spousal federal benefits? The fellow he married out of state or the gal he married in Texas?

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

    Quote Originally Posted by disneydude View Post
    You obviously have little to no understanding of the Supremacy Clause....and BTW....the SCOTUS has recognized marriage as a fundamental right (Loving v. Virginia).
    SCOTUS has no power to name "fundamental rights", they deal only in constitutional rights. You mistake flowery, feel good bluster for actual legal argument.

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

    Quote Originally Posted by clownboy View Post
    Good points. Is there a federal bigamy staute? Let's suppose one of these men marries a woman in Texas (he can do so because they are not married in the eyes of the state of Texas), how is the IRS going to process the spousal exemption? On one fellow's form would be the name of the other fellow he married outside of Texas, and THAT fellow's form would list the wife he married in Texas. And who would get the spousal federal benefits? The fellow he married out of state or the gal he married in Texas?

    #1 - I don't believe there is a federal bigamy statute applicable to the states (I could be wrong though), I believe that is handled by state laws. IIRC the only bigamy statute for the Fed's has to do with bigamy in the territories because they are under Federal control.


    #2 - My understanding is that there is no IRS penalty for bigamy, however you can only be claimed on one tax return. Filing multiple tax returns with the same persons SSN showing up is going to kick out the return. One would assume that, from a tax standpoint, the IRS would recognize as valid the first Civil Marriage entered into as valid.



    >>>>

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

    Quote Originally Posted by clownboy View Post
    SCOTUS has no power to name "fundamental rights", they deal only in constitutional rights. You mistake flowery, feel good bluster for actual legal argument.
    Didn't loving v Virginia call marriage a fundamental right of mankind

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

    Quote Originally Posted by clownboy View Post
    SCOTUS has no power to name "fundamental rights", they deal only in constitutional rights. You mistake flowery, feel good bluster for actual legal argument.
    You need to pick up con law 101. Fundamental rights are based in the Constitution.
    <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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