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Thread: More Federal Privileges to Extend to Same-Sex Couples

  1. #141
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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by clownboy View Post
    1.)Not what the quote says, says they're reviewing what is legal for them to change and what is not.
    2.)I question their ability to conduct that review accurately considering their track record.
    1.)thier review is what lead to this, its already reviewed
    2.) again you are free to question but again your opinion of thier track record doesnt matter

    its legal
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  2. #142
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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by clownboy View Post
    The ability of the Justice Department and the Executive Branch as a whole to do so. Not their place.
    It is the department responsible for the enforcement of federal law and the administration of justice. How is it not their place? If anything, this is exactly what they are suppose to do.

  3. #143
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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by roguenuke View Post
    Can you show where they are enforced (the state goes out of their way to figure out if an already married couple entering their state is also first cousins or some other type prohibited couple) or where the federal government stops recognizing those couples as married? I know that I've never been asked whether my husband and I were first cousins or whatever when we filed taxes in a different state than we were married in. Heck, no state so far has asked us anything. I doubt it is noted on a marriage license from those states that allow those things.

    Plus, that also specifies that unless the couple challenges the marriage, the state simply won't care. Why would you figure the federal government would?
    Again, doesn't matter. Washington isn't the only state that has exemptions to portability. Exemptions to portability do exist. That folks aren't being caught is another issue altogether.

  4. #144
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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by CriticalThought View Post
    It is the department responsible for the enforcement of federal law and the administration of justice. How is it not their place? If anything, this is exactly what they are suppose to do.
    Congress makes the law that they are responsible for enforcing. It's not their place (Justice Department) to decide whether the law will be enforced or how it will be interpretted.

  5. #145
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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by clownboy View Post
    Congress makes the law that they are responsible for enforcing. It's not their place (Justice Department) to decide whether the law will be enforced or how it will be interpretted.
    It is actually the duty of the Justice Department to enforce the law as interpreted by the Supreme Court. In this case the Justice Department is enforcing the Windsor Decision of SCOTUS which struck down Section 3 of DOMA, which created the federal definition of marriage, because it violated the 5th Amendment. They are extending federal benefits to married same sex couples in line with the spirit of that decision.

  6. #146
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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by clownboy View Post
    Again, doesn't matter. Washington isn't the only state that has exemptions to portability. Exemptions to portability do exist. That folks aren't being caught is another issue altogether.
    It does matter. In fact, how often the actual laws are put into play/enforced is an important factor when it comes to discriminatory practices. You cannot decide to enforce portability rules of marriage for one group while ignoring it for others. This is true whether related to state laws with marriage or federal laws with marriage.
    "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.

  7. #147
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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by CriticalThought View Post
    It is actually the duty of the Justice Department to enforce the law as interpreted by the Supreme Court. In this case the Justice Department is enforcing the Windsor Decision of SCOTUS which struck down Section 3 of DOMA, which created the federal definition of marriage, because it violated the 5th Amendment. They are extending federal benefits to married same sex couples in line with the spirit of that decision.
    Nope, there's a middle step, Congress must then redefine federal marriage in accordance with the SCOTUS decision. There is nothing for the JD to interpret. Those regulations that depend upon Section 3 of DOMA no longer exist, are void constitutionally.

    Otherwise we'd have legislation from the bench, something the framers abhorred entirely. Oh wait...

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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by roguenuke View Post
    It does matter. In fact, how often the actual laws are put into play/enforced is an important factor when it comes to discriminatory practices. You cannot decide to enforce portability rules of marriage for one group while ignoring it for others. This is true whether related to state laws with marriage or federal laws with marriage.
    Again, no it doesn't. Not enforcing pot laws does not make pot legal. Not to mention it creates a state of lack of uniform enforcement.

  9. #149
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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by clownboy View Post
    Nope, there's a middle step, Congress must then redefine federal marriage in accordance with the SCOTUS decision. There is nothing for the JD to interpret. Those regulations that depend upon Section 3 of DOMA no longer exist, are void constitutionally.

    Otherwise we'd have legislation from the bench, something the framers abhorred entirely. Oh wait...
    Wrong. Without DOMA, that means the federal government is free to recognize marriages in accordance with past practices, and even current practices since even with DOMA in place, certain same sex marriages were still being recognized by the federal government, which means recognizing any marriage that basically has a valid marriage license from pretty much any state. As long as it is legal somewhere and no court order invalidates that marriage, then it is a legally recognized marriage. That is basically how the federal government has always recognized marriages. "Show us a legal marriage certificate and we will recognize your marriage as legal provided no other legal paperwork legally nulls or voids your particular marriage."
    "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.

  10. #150
    I'm kind of a big deal

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    Re: More Federal Privileges to Extend to Same-Sex Couples

    Quote Originally Posted by CriticalThought View Post
    It is actually the duty of the Justice Department to enforce the law as interpreted by the Supreme Court. In this case the Justice Department is enforcing the Windsor Decision of SCOTUS which struck down Section 3 of DOMA, which created the federal definition of marriage, because it violated the 5th Amendment. They are extending federal benefits to married same sex couples in line with the spirit of that decision.
    correct the legality was reviewed and thats that

    unless facts prove otherwise worthless speculation will only be that worthless speculation
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