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View Diary: Marriage equality in front of Supreme Court for second day (63 comments)

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  •  Well, I agree that the patchwork (1+ / 0-)
    Recommended by:
    terrypinder

    system won't last for long, but I don't think it is necessarily unconstitutional in an of itself (at least in theory without a Loving-type decision).  I don't think overturning DOMA really changes the calculus.

    Basically, the public policy exception has been used to allow states not to recognize marriages performed elsewhere.  (This was the Lovings' exact situation; they were married in D.C. and it was illegal in VA.)  So without a similar "denying same-sex marriage is unconstitutional" decision, I can easily see a stituation where your status differs depending on where you are.

    But I agree with your conclusion for the most part.  This type of patchwork won't be sustainable.  The question is, and why I don't know if I agree with you 100%, whether we will have a Court willing to go there in 10/15 years.  Unless we get some serious turn over, and replacements picked by Dems, we might have to wait even longer.

    One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

    by AUBoy2007 on Wed Mar 27, 2013 at 08:46:18 AM PDT

    [ Parent ]

    •  So if a RI couple married in MA (1+ / 0-)
      Recommended by:
      terrypinder

      Then they could file joint Federal returns but would have to file single state returns?  Bizarre.

      Even Democrats can be asses. Look at Rahm Emanuel.

      by Helpless on Wed Mar 27, 2013 at 09:16:35 AM PDT

      [ Parent ]

      •  that's correct (1+ / 0-)
        Recommended by:
        Cali Scribe

        if I married in MD, which I can do now, but went back to PA I still would not be able to file jointly at the state level but could at the fed level. The Patchwork is going to fall apart.

        (Several conservatives have made note of the patchwork too, most notably Rick Santorum, but their solution is to ban marriage equality entirely and forcibly unmarry those 200,000 or so people who did marry.)

      •  Er, (1+ / 0-)
        Recommended by:
        fenway49

        I'm pretty sure Rhode Island recognizes same-sex marriages that have been performed in other states. I think you'd need another state (Pennsylvania?) for your hypothetical.

      •  Not sure. (0+ / 0-)

        Might be that the married NY couple who move to NC have to file single Federal and state returns.

        I don't know.

        One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

        by AUBoy2007 on Wed Mar 27, 2013 at 10:15:09 AM PDT

        [ Parent ]

    •  Would a federal agency have to treat a married (0+ / 0-)

      couple differently if they marry legally in one state but then move to a state that does not recognize their marriage?  How does a federal agency determine if a couple is validly married, if it can't depend on their reported domicile?

      The influence of the [executive] has increased, is increasing, and ought to be diminished.

      by lysias on Wed Mar 27, 2013 at 09:23:36 AM PDT

      [ Parent ]

      •  We'd have to see. (0+ / 0-)

        I'm sure they've addressed this question before - pre-Loving with interracial marriages perhaps?

        One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

        by AUBoy2007 on Wed Mar 27, 2013 at 10:15:45 AM PDT

        [ Parent ]

    •  Kennedy seems to abandon the framework he laid (0+ / 0-)

      down in Lawrence, that animus is not a justifiable basis for law.  He seems to cave in to the bigots in antigay marriage states.  That was the whole basis for the argument and going to the Supreme Court.  WTF?

      GOP Wars against: Iran, Iraq, Afghanistan, Immigrants, Mexicans, Blacks, Gays, Women, Unions, Workers, Unemployed, Voters, Elderly, Kids, Poor, Sick, Disabled, Dying, Lovers, Kindness, Rationalism, Science, Sanity, Reality.

      by SGWM on Wed Mar 27, 2013 at 11:48:34 AM PDT

      [ Parent ]

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