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If SCOTUS overturns marriage equality...

C

CriticalThought

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What will happen to my marriage?

This is actually bothering me a great deal. Now that Trump has won he will likely have the opportunity to replace several key Justices and sway the court hard to the right. I could then see a significant challenge to same-sex marriage coming before the court within a few years and Obergefell being overturned. The issue would then likely be left for each state to decide. My state had a Constitutional ban on same-sex marriage and civil unions.

Would my marriage simply not be recognized by my state?
When we adopt children, will their birth certificate not be recognized because it has two dads?
Could the state refuse to acknowledge our adoption?
Will we have to go through power of attorneys and living wills to get some semblance of protection for our family?
Will my life insurance pay out to my husband if I kick the bucket? Would he be allowed to make funeral arrangements for my body?
Will I lose my health insurance since I am under his insurance?
Could my spouse make medical decisions for me if I am incapacitated?
 
CriticalThought said:
What will happen to my marriage?

This is actually bothering me a great deal. Now that Trump has won he will likely have the opportunity to replace several key Justices and sway the court hard to the right. I could then see a significant challenge to same-sex marriage coming before the court within a few years and Obergefell being overturned. The issue would then likely be left for each state to decide. My state had a Constitutional ban on same-sex marriage and civil unions.

Would my marriage simply not be recognized by my state?
When we adopt children, will their birth certificate not be recognized because it has two dads?
Could the state refuse to acknowledge our adoption?
Will we have to go through power of attorneys and living wills to get some semblance of protection for our family?
Will my life insurance pay out to my husband if I kick the bucket? Would he be allowed to make funeral arrangements for my body?
Will I lose my health insurance since I am under his insurance?
Could my spouse make medical decisions for me if I am incapacitated?
Click to expand...

If SCOTUS overturns marriage equality, you are pretty much screwed. You'd probably have to move to another state.

Hopefully, that scenario will never come to fruition.
 
CriticalThought said:
What will happen to my marriage?

This is actually bothering me a great deal. Now that Trump has won he will likely have the opportunity to replace several key Justices and sway the court hard to the right. I could then see a significant challenge to same-sex marriage coming before the court within a few years and Obergefell being overturned. The issue would then likely be left for each state to decide. My state had a Constitutional ban on same-sex marriage and civil unions.

Would my marriage simply not be recognized by my state?
When we adopt children, will their birth certificate not be recognized because it has two dads?
Could the state refuse to acknowledge our adoption?
Will we have to go through power of attorneys and living wills to get some semblance of protection for our family?
Will my life insurance pay out to my husband if I kick the bucket? Would he be allowed to make funeral arrangements for my body?
Will I lose my health insurance since I am under his insurance?
Could my spouse make medical decisions for me if I am incapacitated?
Click to expand...

Trump has SUPPORTED marriage equality.
 
Lutherf said:
Trump has SUPPORTED marriage equality.
Click to expand...

Most of Trumps justices on his list haven't though.

That said, I have a hard time believing that they'd overturn Obergefell. Directly overturning a precedent that quickly is, well, unprecedented. And another justice would have to leave anyway since the 5 in the majority are still on the court.
 
Anagram said:
Most of Trumps justices on his list haven't though.

That said, I have a hard time believing that they'd overturn Obergefell. Directly overturning a precedent that quickly is, well, unprecedented. And another justice would have to leave anyway since the 5 in the majority are still on the court.
Click to expand...

This plus I'm trying to imagine the lawsuit that would have to be brought up to get there in the first place.
 
Anagram said:
Most of Trumps justices on his list haven't though.

That said, I have a hard time believing that they'd overturn Obergefell. Directly overturning a precedent that quickly is, well, unprecedented. And another justice would have to leave anyway since the 5 in the majority are still on the court.
Click to expand...

Not to mention Pence. That dude is horrendous on LGBTQ issues. I do agree that it probably isn't likely they will overturn marriage equality.
 
CriticalThought said:
What will happen to my marriage?

This is actually bothering me a great deal. Now that Trump has won he will likely have the opportunity to replace several key Justices and sway the court hard to the right. I could then see a significant challenge to same-sex marriage coming before the court within a few years and Obergefell being overturned. The issue would then likely be left for each state to decide. My state had a Constitutional ban on same-sex marriage and civil unions.

Would my marriage simply not be recognized by my state?
When we adopt children, will their birth certificate not be recognized because it has two dads?
Could the state refuse to acknowledge our adoption?
Will we have to go through power of attorneys and living wills to get some semblance of protection for our family?
Will my life insurance pay out to my husband if I kick the bucket? Would he be allowed to make funeral arrangements for my body?
Will I lose my health insurance since I am under his insurance?
Could my spouse make medical decisions for me if I am incapacitated?
Click to expand...

Good night. Did you folks not listen to the NeverTrumpers screaming for the last year about how liberal Trump is?

The new President is a fan of the Transgender movement taking over everyone's bathrooms. Your marriage certificate isn't going anywhere unless you lose it.
 
Anagram said:
Most of Trumps justices on his list haven't though.

That said, I have a hard time believing that they'd overturn Obergefell. Directly overturning a precedent that quickly is, well, unprecedented. And another justice would have to leave anyway since the 5 in the majority are still on the court.
Click to expand...

Such a case would have to make it TO the court, which in a year or two's time would at MOST only have a replacement for SCALIA who was in the minority. Unless the Notorious RBG and Kennedy keel over from heart attacks tomorrow, the court won't be materially different any time in the near future.
 
cpwill said:
Good night. Did you folks not listen to the NeverTrumpers screaming for the last year about how liberal Trump is?

The new President is a fan of the Transgender movement taking over everyone's bathrooms. Your marriage certificate isn't going anywhere unless you lose it.
Click to expand...

Yep. The freak-out mode some people are in -- no more "reproductive rights", gays back in the closet --- is completely irrational.
 
azgreg said:
This plus I'm trying to imagine the lawsuit that would have to be brought up to get there in the first place.
Click to expand...

Eh...I don't think it would be hard. Just another state passing another law banning it would do it and then it would go up as someone challenged it.
 
CriticalThought said:
What will happen to my marriage?

This is actually bothering me a great deal. Now that Trump has won he will likely have the opportunity to replace several key Justices and sway the court hard to the right. I could then see a significant challenge to same-sex marriage coming before the court within a few years and Obergefell being overturned. The issue would then likely be left for each state to decide. My state had a Constitutional ban on same-sex marriage and civil unions.

Would my marriage simply not be recognized by my state?
When we adopt children, will their birth certificate not be recognized because it has two dads?
Could the state refuse to acknowledge our adoption?
Will we have to go through power of attorneys and living wills to get some semblance of protection for our family?
Will my life insurance pay out to my husband if I kick the bucket? Would he be allowed to make funeral arrangements for my body?
Will I lose my health insurance since I am under his insurance?
Could my spouse make medical decisions for me if I am incapacitated?
Click to expand...

Trump seems pretty decent on this subject but Pence is a different story, so that would have to be factored in. If the SCOTUS judge was of the Libertarian band of conservatism then you'd be safe.

Who knows, though. I don't know if I can predict anything anymore. The only thing I can give you is this.

[video]http://www.washingtontimes.com/news/2016/nov/2/donald-trump-holds-high-flag-gay-equality/[/video]
 
CriticalThought said:
What will happen to my marriage?

This is actually bothering me a great deal. Now that Trump has won he will likely have the opportunity to replace several key Justices and sway the court hard to the right. I could then see a significant challenge to same-sex marriage coming before the court within a few years and Obergefell being overturned. The issue would then likely be left for each state to decide. My state had a Constitutional ban on same-sex marriage and civil unions.

Would my marriage simply not be recognized by my state?
When we adopt children, will their birth certificate not be recognized because it has two dads?
Could the state refuse to acknowledge our adoption?
Will we have to go through power of attorneys and living wills to get some semblance of protection for our family?
Will my life insurance pay out to my husband if I kick the bucket? Would he be allowed to make funeral arrangements for my body?
Will I lose my health insurance since I am under his insurance?
Could my spouse make medical decisions for me if I am incapacitated?
Click to expand...
You have a same sex marriage? What will change your same sex union if same sex marriages are disallowed? Is it just the marriage part that you demand? If that is so, why do you demand it? Do you care so little for the union part and the responsibility part of your union?
 
Fishking said:
Trump seems pretty decent on this subject but Pence is a different story, so that would have to be factored in. If the SCOTUS judge was of the Libertarian band of conservatism then you'd be safe.

Who knows, though. I don't know if I can predict anything anymore. The only thing I can give you is this.

[video]http://www.washingtontimes.com/news/2016/nov/2/donald-trump-holds-high-flag-gay-equality/[/video]
Click to expand...
Gay equality doesn't mean gay marriage any more than 'pro football equality' should be Chargers fans being able to see all their home games in Cowboy Stadium in Dallas.
 
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cabse5 said:
Gay equality doesn't mean gay marriage any more than Chargers fans should be able to see all their home games in Cowboy Stadium in Dallas.
Click to expand...

For the 1000th time, you do not own marriage.
 
CriticalThought said:
What will happen to my marriage?

This is actually bothering me a great deal. Now that Trump has won he will likely have the opportunity to replace several key Justices and sway the court hard to the right. I could then see a significant challenge to same-sex marriage coming before the court within a few years and Obergefell being overturned. The issue would then likely be left for each state to decide. My state had a Constitutional ban on same-sex marriage and civil unions.

Would my marriage simply not be recognized by my state?
When we adopt children, will their birth certificate not be recognized because it has two dads?
Could the state refuse to acknowledge our adoption?
Will we have to go through power of attorneys and living wills to get some semblance of protection for our family?
Will my life insurance pay out to my husband if I kick the bucket? Would he be allowed to make funeral arrangements for my body?
Will I lose my health insurance since I am under his insurance?
Could my spouse make medical decisions for me if I am incapacitated?
Click to expand...

I wouldn't worry about it too much. During the election Trump talked plenty ****. He played it like he knew it. Just a big ol' episode of White House Apprentice. He lied so much, and so obviously, and then lied about the lie. People knew. They never took it seriously. They did not care. Trump was the middle finger of the right wing movement and and that stood as good enough.

Trump is now actually acting like an adult. It's all play acting. All of it.

I wouldn't worry about a twice divorced, foul-mouthed, mob entwined, womanizing casino owner getting up on the religious stump. He could care less about all that religious-right ****. My gut feeling is that he might be one of the most liberal president's we have ever known, once he takes off his sheep's clothing.

I think he will be pro-pot. Or, at least leave it up to the states. He won't find enough profit in gay issues to make it worth his time. I think those guy's are safe.

I do expect movement on Obamacare and immigration though.

We'll see.
 
Fishking said:
Eh...I don't think it would be hard. Just another state passing another law banning it would do it and then it would go up as someone challenged it.
Click to expand...
It's not all that difficult to overturn SCOTUS decisions if one gets the right percentage of SCOTUS judges who believe the law should be overturned. You know, the right way (according to the founders) to change The Constitution is to convene a Constitutional Congress, then make and pass an amendment to The Constitution.
 
TheGoverness said:
Right. Nobody does, not the legal definition of marriage.



Look up Judicial Review.
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Yes. I know SCOTUS has done an end run on The Constitution on many occasions. You trust these guys? For example, in 1858 SCOTUS declared slaves were property and in 1868 they declared that slaves were human.
 
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cabse5 said:
Yes. I know SCOTUS has done an end run on The Constitution on many occasions.
Click to expand...

SCOTUS is doing their job. That is what they are supposed to do. The fact that you personally disagree with the outcome of a ruling is really of no concern to me.
 
cabse5 said:
Gay equality doesn't mean gay marriage any more than 'pro football equality' should be Chargers fans being able to see all their home games in Cowboy Stadium in Dallas.
Click to expand...

You're right in a way, it's not really about gay marriage so much as equal protection under the law. Now, don't get me wrong, I don't support some of the decisions that have been made that forces private businesses to operate in a manner they do not want to (gay wedding cake type stuff), but that is a private citizen making their own decision with their private property.

This is different than the government. The government isn't a tool that should be used to dictate certain morals as long as there is no violations/harm being done to others. You want to do drugs? Not a good idea but, hey, your body. You want to have two dudes marry? Up to you.

I don't like liberals using their POV to push their morals on private citizens and neither should the opposition do the same.
 
CriticalThought said:
What will happen to my marriage?

This is actually bothering me a great deal. Now that Trump has won he will likely have the opportunity to replace several key Justices and sway the court hard to the right. I could then see a significant challenge to same-sex marriage coming before the court within a few years and Obergefell being overturned. The issue would then likely be left for each state to decide. My state had a Constitutional ban on same-sex marriage and civil unions.

Would my marriage simply not be recognized by my state?
When we adopt children, will their birth certificate not be recognized because it has two dads?
Could the state refuse to acknowledge our adoption?
Will we have to go through power of attorneys and living wills to get some semblance of protection for our family?
Will my life insurance pay out to my husband if I kick the bucket? Would he be allowed to make funeral arrangements for my body?
Will I lose my health insurance since I am under his insurance?
Could my spouse make medical decisions for me if I am incapacitated?
Click to expand...

I don't see this happening. I wouldn't worry.
 
TheGoverness said:
Right. Nobody does, not the legal definition of marriage.



Look up Judicial Review.
Click to expand...
Which is why gay rights advocates can't demand marriage..because no one owns marriage.
 
cpwill said:
Such a case would have to make it TO the court, which in a year or two's time would at MOST only have a replacement for SCALIA who was in the minority. Unless the Notorious RBG and Kennedy keel over from heart attacks tomorrow, the court won't be materially different any time in the near future.
Click to expand...

I seem to recall you saying trump couldn't beat hillary back in the primaries. I guess you were wrong.
 
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