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Dave W.
Info Junkie
USA
26022 Posts |
 Posted - 06/26/2013 : 08:43:58
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Ed Brayton has links to the SCOTUS rulings released today, they boil down to this:
1) Section 3 of the Defense of Marriage Act is unconstitutional, so the Federal government must grant full recognition to all legal marriages. In other words, if Joe and Jack get married in a state in which it is legal for them to (a growing number), the Feds must now allow them to file taxes (for example) as a married couple. I'd bet the largest effect this will have will be on the civilian spouses of gay military, since DOMA section 3 was used to deny normal spousal benefits to them (even death benefits) even after the repeal of Don't Ask, Don't Tell.
2) California's Proposition 8 was declared unconstitutional by a lower appeals court, and SCOTUS punted today by ruling that the people who appealed it to SCOTUS didn't have standing to do so. So if you're a homosexual in California, you can legally get married now (again). The ruling that was hoped for was for everything similar to Prop 8 to be declared unconstitutional nation-wide, but apparently SCOTUS didn't want to go that far.
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- Dave W. (Private Msg, EMail)
Evidently, I rock!
Why not question something for a change?
Visit Dave's Psoriasis Info, too. |
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Dave W.
Info Junkie
USA
26022 Posts |
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Boron10
Religion Moderator
USA
1266 Posts |
 Posted - 06/26/2013 : 09:22:16 [Permalink]
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Originally posted by Dave W.
I'd bet the largest effect this will have will be on the civilian spouses of gay military, since DOMA section 3 was used to deny normal spousal benefits to them (even death benefits) even after the repeal of Don't Ask, Don't Tell. |
We will see how long it takes the DoD to make good on their implied promise.
REPEAL OF “DON’T ASK, DON’T TELL” (DADT): QUICK REFERENCE GUIDE
From the notice:BENEFITS
Service members continue to have some benefits for which they may designate beneficiaries, regardless of sexual orientation. Eligibility for a number of other benefits is restricted by applicable statutes, including DOMA. In connection with DADT repeal, DoD is engaged in a careful and deliberate review of the possibility of extending eligibility benefits, if legally permitted, to other individuals, including same-sex partners. |
and Report Shows Success of ‘Don’t Ask, Don’t Tell’ Repeal
Snip:| The act “obviously does have some impact with regards to the benefits that are provided to same-sex couples,” Panetta said. “And so we continue to review the benefits. But those have to be provided consistent with DOMA. And until DOMA is either rejected by the courts or changed by the Congress, that's the law we abide by.” |
Notice that both of these are official DoD press releases.
edited to add second article -- B10 |
| Edited by - Boron10 on 06/26/2013 09:24:59 |
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Convinced
Skeptic Friend
USA
384 Posts |
Posted - 06/26/2013 : 09:41:38 [Permalink]
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| It is my understanding that it is still up to each state to determine whether same sex marriage is allowed. Is this correct? |
Therefore be careful how you walk, not as unwise men but as wise, making the most of your time, because the days are evil. So then do not be foolish, but understand what the will of the Lord is. (Eph 5:15-17) |
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Kil
Evil Skeptic
USA
13477 Posts |
Posted - 06/26/2013 : 09:44:09 [Permalink]
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| So much for Prop 8. Funny thing is if it were on the ballet today, 5 years later, it wouldn't pass anyway. |
Uncertainty may make you uncomfortable. Certainty makes you ridiculous.
Why not question something for a change?
Genetic Literacy Project |
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Kil
Evil Skeptic
USA
13477 Posts |
Posted - 06/26/2013 : 09:45:54 [Permalink]
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Originally posted by Convinced
It is my understanding that it is still up to each state to determine whether same sex marriage is allowed. Is this correct?
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Yes. But states are turning quickly. I don't think it will be long before all but the redest states will block same sex marriage. |
Uncertainty may make you uncomfortable. Certainty makes you ridiculous.
Why not question something for a change?
Genetic Literacy Project |
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Boron10
Religion Moderator
USA
1266 Posts |
Posted - 06/26/2013 : 09:55:57 [Permalink]
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Originally posted by Convinced
It is my understanding that it is still up to each state to determine whether same sex marriage is allowed. Is this correct? |
Yes, but now the federal government respects all marriages, paving the way to ensure same-sex marriages conducted out-of-state are respected everywhere.
So if a gay Texas couple were to get married in New York, that marriage will eventually have to be respected in Texas. |
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Valiant Dancer
Forum Goalie
USA
4826 Posts |
Posted - 06/26/2013 : 10:09:44 [Permalink]
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Originally posted by Boron10
Originally posted by Convinced
It is my understanding that it is still up to each state to determine whether same sex marriage is allowed. Is this correct? |
Yes, but now the federal government respects all marriages, paving the way to ensure same-sex marriages conducted out-of-state are respected everywhere.
So if a gay Texas couple were to get married in New York, that marriage will eventually have to be respected in Texas.
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I think it has to now under Article IV, Section 1 of the document you swore to uphold and defend. DOMA was the last vestige of excuse. |
Cthulhu/Asmodeus when you're tired of voting for the lesser of two evils
Brother Cutlass of Reasoned Discussion |
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Convinced
Skeptic Friend
USA
384 Posts |
Posted - 06/26/2013 : 11:16:55 [Permalink]
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Originally posted by Boron10
Originally posted by Convinced
It is my understanding that it is still up to each state to determine whether same sex marriage is allowed. Is this correct? |
Yes, but now the federal government respects all marriages, paving the way to ensure same-sex marriages conducted out-of-state are respected everywhere.
So if a gay Texas couple were to get married in New York, that marriage will eventually have to be respected in Texas.
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I think that is fine. Do you think this may lead to laws forcing religious groups to marry same sex couples? |
Therefore be careful how you walk, not as unwise men but as wise, making the most of your time, because the days are evil. So then do not be foolish, but understand what the will of the Lord is. (Eph 5:15-17) |
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moakley
SFN Regular
USA
1888 Posts |
Posted - 06/26/2013 : 11:24:34 [Permalink]
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Originally posted by Convinced
Originally posted by Boron10
Originally posted by Convinced
It is my understanding that it is still up to each state to determine whether same sex marriage is allowed. Is this correct? |
Yes, but now the federal government respects all marriages, paving the way to ensure same-sex marriages conducted out-of-state are respected everywhere.
So if a gay Texas couple were to get married in New York, that marriage will eventually have to be respected in Texas.
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I think that is fine. Do you think this may lead to laws forcing religious groups to marry same sex couples?
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No. I would expect the separation clause to prevent this. |
Life is good
Philosophy is questions that may never be answered. Religion is answers that may never be questioned. -Anonymous |
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Kil
Evil Skeptic
USA
13477 Posts |
Posted - 06/26/2013 : 11:37:44 [Permalink]
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Originally posted by Convinced
Originally posted by Boron10
Originally posted by Convinced
It is my understanding that it is still up to each state to determine whether same sex marriage is allowed. Is this correct? |
Yes, but now the federal government respects all marriages, paving the way to ensure same-sex marriages conducted out-of-state are respected everywhere.
So if a gay Texas couple were to get married in New York, that marriage will eventually have to be respected in Texas.
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I think that is fine. Do you think this may lead to laws forcing religious groups to marry same sex couples?
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I don't see how. Even now there are religious groups that will not allow a gay person in, let alone force them to conduct marriages. The constitutionality of that seems pretty clear.
The problem we are seeing with the Catholic hospitals and contraceptives is that they hire people who are either not that religious or aren't even Catholic. So the compromise was to not force the church to pay for that part of the health plan. Plus Catholic hospitals are not required to preform abortions. I don't see how a church can be forced to conduct a marriage that they are against. |
Uncertainty may make you uncomfortable. Certainty makes you ridiculous.
Why not question something for a change?
Genetic Literacy Project |
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Siberia
SFN Addict
Brazil
2322 Posts |
Posted - 06/26/2013 : 11:48:46 [Permalink]
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Originally posted by Kil
I don't see how a church can be forced to conduct a marriage that they are against.
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That'd violate freedom of religion, wouldn't it? I mean it IS part of their creed. |
"Why are you afraid of something you're not even sure exists?"
- The Kovenant, Via Negativa
"People who don't like their beliefs being laughed at shouldn't have such funny beliefs."
-- unknown
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Dave W.
Info Junkie
USA
26022 Posts |
Posted - 06/26/2013 : 13:43:39 [Permalink]
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Originally posted by Convinced
Do you think this may lead to laws forcing religious groups to marry same sex couples? |
Can you point to any law forcing a church or religious group to perform marriages for interracial couples?
No.
What happened with Loving v. Virginia 46 years ago is being repeated today with same-sex marriage. Every single little worry about the consequences of same-sex marriage we hear today (like yours) were heard in 1967, and not one of them came true. Straight people aren't going to quit getting married, and churches aren't going to be forced to marry anyone they don't want to. |
- Dave W. (Private Msg, EMail)
Evidently, I rock!
Why not question something for a change?
Visit Dave's Psoriasis Info, too. |
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Dave W.
Info Junkie
USA
26022 Posts |
Posted - 06/26/2013 : 14:25:06 [Permalink]
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Originally posted by Boron10
We will see how long it takes the DoD to make good on their implied promise. |
DoD moves forward with same sex benefits:Working with the Justice Department and other executive branch agencies, the Pentagon “intends to make the same benefits available to all military spouses — regardless of sexual orientation — as soon as possible,” Hagel said in a written statement. “That is now the law and it is the right thing to do. … Every person who serves our nation in uniform stepped forward with courage and commitment. All that matters is their patriotism, their willingness to serve their country, and their qualifications to do so.” |
- Dave W. (Private Msg, EMail)
Evidently, I rock!
Why not question something for a change?
Visit Dave's Psoriasis Info, too. |
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Dave W.
Info Junkie
USA
26022 Posts |
Posted - 06/26/2013 : 17:09:54 [Permalink]
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More from Greta Christina:Since I’m a big proponent of admitting when you’re wrong, I feel that I should say this today:
I was one of the people objecting to bringing same-sex marriage to SCOTUS. I was one of the people saying, “It’s too soon, this court sucks, we have to wait until we have a better court, this will set a bad precedent that we’ll have to live with for years.”
I was wrong.
And I have rarely been more happy to be wrong. |
- Dave W. (Private Msg, EMail)
Evidently, I rock!
Why not question something for a change?
Visit Dave's Psoriasis Info, too. |
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sailingsoul
SFN Addict
2830 Posts |
Posted - 06/26/2013 : 18:04:14 [Permalink]
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Who would want to get married by any religious or not "nut" who considers them immoral. If gays want to get married in a church wouldn't you think they'd do so in a church that accepts them as human beings and would be happy to marry them. There were churches that rang their bells for approval when the announcement came. It's not like 100% of all churches are in agreement that gays should not get married you know. I'm most confident there will be no shortage of churches that will be happy to marry gays. I expect there will be a boom of business for wedding business'.
| Bells also rang at other Episcopal, Methodist, Presbyterian, Unitarian and other Christian churches. |
Why shouldn't gays have the right to be miserably like other married people? |
There are only two types of religious people, the deceivers and the deceived. SS |
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