Prop. 8: Gay-marriage ban unconstitutional, court rules

[travelinman67]

June 28, 2013...9th circuit lifts same-sex ban in CA...

http://www.kpbs.org/news/2013/jun/28/9t ... marriages/

...within minutes, county clerks were issuing applications and marriages began.

A side issue arising from the Prop 8 decision...SCOTUS ruling that the initiative proponents had no standing to appeal the decision when the State Govt. declined to defend the initiative results...creates the stare decisis defacto method for CA State Govt. to veto any successful initiative it doesn't agree with.

Capitol LGBT leaders hailed the SCOTUS decision as the "...final law of the land." Within minutes of the 9th circuit announcement, an anti-same sex marriage group announced they had filed another legal challenge.

And on, and on it goes...

[grizzaholic]

A 30-Second Guide to How the Gay Marriage Ruling Affects You

By:David Wong
If You Are a Homosexual and Are Already Married:
In case you missed it, or just saw people screaming about it on Facebook, the U.S. Supreme Court just ruled that the federal government will now recognize gay marriages as legitimate (specifically, that the Defense of Marriage Act that had been preventing it was unconstitutional). BUT individual states are still free to pass their own laws.

Millions of people, most of whom are neither gay nor looking to get same-sex married, are loudly asking on the Internet how exactly this case impacts their life.


The Free Republic Message Board

For them we have provided a handy guide:

The federal government now recognizes your marriage as a thing, and you are eligible for tax, health, and pension benefits under federal law like any other married couple, pending further political shenanigans. You can now file federal taxes jointly if you wish. Or don't. Your call.



If You Are a Homosexual and Want to Get Married:

States are still free to decide whether or not same-sex marriage is legal; if you live in Mississippi, this does not help you. But, the voter initiative to ban gay marriage in California is now dead, pending further legal challenges or other fuckery. With DOMA now dead, states who hate same sex marriage will not be forced to allow gay marriage, but will be forced to recognize your out of state same sex marriage. Pending of course any legal shit same sex haters in your home state bring up.



If You Are a Heterosexual and Do NOT Want to Enter into a Homosexual Marriage:

You will not be required to marry a gay person. This is a common misunderstanding. This decision actually does not affect you in any way.



If You Are Currently in a Heterosexual Marriage:

This decision does not affect you in any way.



If You Are a Heterosexual Who Is Not Currently Married:

This decision does not affect you in any way.




If You Are a Heterosexual Who Hopes to Eventually Marry:

This decision does not affect you in any way.



If You Are a Member of a Church That Performs Wedding Ceremonies but That Does Not Believe in Gay Marriage:

Your church has always been free to allow or deny any wedding-same sex, interracial, alien and human marriage. Your church still gets to decide who gets hitched or not hitched on church property.



If You Are a Religious Official Who Performs Wedding Ceremonies but Who Thinks Gay Marriage Is Wrong:

Be it a gay couple, straight couple, interracial couple-You have always been free to preform or not preform any wedding. You will always be free to choose if you want to marry or not marry a couple. This decision does not affect you in any way.



If You Are an Individual Who Believes Gay Marriage or Homosexuality in General Is Wrong for Religious Reasons, and Wish to Continue Expressing Those Beliefs:

You are still free to express those beliefs. This decision does not affect you in any way.



If You Are an Individual Who Believes Gay Marriage or Homosexuality in General Is Wrong for Non-Religious Reasons, and Wish to Continue Expressing Those Beliefs:

You are still free to express those beliefs. This decision does not affect you in any way.



If You Are a Heterosexual Who Fears This Decision Adversely Affects Your Marriage or the Concept of Marriage in General:

This decision does not affect you in any way.


If You Are a Heterosexual Who Fears This Decision Negatively Affects You in Some Way:

This decision does not affect you in any way.



If You Are a Heterosexual Who Suffers Anger or Anxiety at the Thought of Gay Couples Getting Married and Believes the Only Cure Is to Legally Prevent Gay Marriage:

This decision will cause you some degree of anger or anxiety. If it does, we suggest you seek a qualified therapist to help you with your anger and anxiety issues. Otherwise, this decision does not affect you in any way.

http://www.retailhellunderground.com/my ... s-you.html" onclick="window.open(this.href);return false;

[kalm]

A 30-Second Guide to How the Gay Marriage Ruling Affects You

By:David Wong
If You Are a Homosexual and Are Already Married:
In case you missed it, or just saw people screaming about it on Facebook, the U.S. Supreme Court just ruled that the federal government will now recognize gay marriages as legitimate (specifically, that the Defense of Marriage Act that had been preventing it was unconstitutional). BUT individual states are still free to pass their own laws.

Millions of people, most of whom are neither gay nor looking to get same-sex married, are loudly asking on the Internet how exactly this case impacts their life.


The Free Republic Message Board

For them we have provided a handy guide:

The federal government now recognizes your marriage as a thing, and you are eligible for tax, health, and pension benefits under federal law like any other married couple, pending further political shenanigans. You can now file federal taxes jointly if you wish. Or don't. Your call.



If You Are a Homosexual and Want to Get Married:

States are still free to decide whether or not same-sex marriage is legal; if you live in Mississippi, this does not help you. But, the voter initiative to ban gay marriage in California is now dead, pending further legal challenges or other fuckery. With DOMA now dead, states who hate same sex marriage will not be forced to allow gay marriage, but will be forced to recognize your out of state same sex marriage. Pending of course any legal shit same sex haters in your home state bring up.



If You Are a Heterosexual and Do NOT Want to Enter into a Homosexual Marriage:

You will not be required to marry a gay person. This is a common misunderstanding. This decision actually does not affect you in any way.



If You Are Currently in a Heterosexual Marriage:

This decision does not affect you in any way.



If You Are a Heterosexual Who Is Not Currently Married:

This decision does not affect you in any way.




If You Are a Heterosexual Who Hopes to Eventually Marry:

This decision does not affect you in any way.



If You Are a Member of a Church That Performs Wedding Ceremonies but That Does Not Believe in Gay Marriage:

Your church has always been free to allow or deny any wedding-same sex, interracial, alien and human marriage. Your church still gets to decide who gets hitched or not hitched on church property.



If You Are a Religious Official Who Performs Wedding Ceremonies but Who Thinks Gay Marriage Is Wrong:

Be it a gay couple, straight couple, interracial couple-You have always been free to preform or not preform any wedding. You will always be free to choose if you want to marry or not marry a couple. This decision does not affect you in any way.



If You Are an Individual Who Believes Gay Marriage or Homosexuality in General Is Wrong for Religious Reasons, and Wish to Continue Expressing Those Beliefs:

You are still free to express those beliefs. This decision does not affect you in any way.



If You Are an Individual Who Believes Gay Marriage or Homosexuality in General Is Wrong for Non-Religious Reasons, and Wish to Continue Expressing Those Beliefs:

You are still free to express those beliefs. This decision does not affect you in any way.



If You Are a Heterosexual Who Fears This Decision Adversely Affects Your Marriage or the Concept of Marriage in General:

This decision does not affect you in any way.


If You Are a Heterosexual Who Fears This Decision Negatively Affects You in Some Way:

This decision does not affect you in any way.



If You Are a Heterosexual Who Suffers Anger or Anxiety at the Thought of Gay Couples Getting Married and Believes the Only Cure Is to Legally Prevent Gay Marriage:

This decision will cause you some degree of anger or anxiety. If it does, we suggest you seek a qualified therapist to help you with your anger and anxiety issues. Otherwise, this decision does not affect you in any way.

http://www.retailhellunderground.com/my ... s-you.html" onclick="window.open(this.href);return false;

[Ibanez]

A 30-Second Guide to How the Gay Marriage Ruling Affects You

By:David Wong
If You Are a Homosexual and Are Already Married:
In case you missed it, or just saw people screaming about it on Facebook, the U.S. Supreme Court just ruled that the federal government will now recognize gay marriages as legitimate (specifically, that the Defense of Marriage Act that had been preventing it was unconstitutional). BUT individual states are still free to pass their own laws.

Millions of people, most of whom are neither gay nor looking to get same-sex married, are loudly asking on the Internet how exactly this case impacts their life.


The Free Republic Message Board

For them we have provided a handy guide:

The federal government now recognizes your marriage as a thing, and you are eligible for tax, health, and pension benefits under federal law like any other married couple, pending further political shenanigans. You can now file federal taxes jointly if you wish. Or don't. Your call.



If You Are a Homosexual and Want to Get Married:

States are still free to decide whether or not same-sex marriage is legal; if you live in Mississippi, this does not help you. But, the voter initiative to ban gay marriage in California is now dead, pending further legal challenges or other fuckery. With DOMA now dead, states who hate same sex marriage will not be forced to allow gay marriage, but will be forced to recognize your out of state same sex marriage. Pending of course any legal shit same sex haters in your home state bring up.



If You Are a Heterosexual and Do NOT Want to Enter into a Homosexual Marriage:

You will not be required to marry a gay person. This is a common misunderstanding. This decision actually does not affect you in any way.



If You Are Currently in a Heterosexual Marriage:

This decision does not affect you in any way.



If You Are a Heterosexual Who Is Not Currently Married:

This decision does not affect you in any way.




If You Are a Heterosexual Who Hopes to Eventually Marry:

This decision does not affect you in any way.



If You Are a Member of a Church That Performs Wedding Ceremonies but That Does Not Believe in Gay Marriage:

Your church has always been free to allow or deny any wedding-same sex, interracial, alien and human marriage. Your church still gets to decide who gets hitched or not hitched on church property.



If You Are a Religious Official Who Performs Wedding Ceremonies but Who Thinks Gay Marriage Is Wrong:

Be it a gay couple, straight couple, interracial couple-You have always been free to preform or not preform any wedding. You will always be free to choose if you want to marry or not marry a couple. This decision does not affect you in any way.



If You Are an Individual Who Believes Gay Marriage or Homosexuality in General Is Wrong for Religious Reasons, and Wish to Continue Expressing Those Beliefs:

You are still free to express those beliefs. This decision does not affect you in any way.



If You Are an Individual Who Believes Gay Marriage or Homosexuality in General Is Wrong for Non-Religious Reasons, and Wish to Continue Expressing Those Beliefs:

You are still free to express those beliefs. This decision does not affect you in any way.



If You Are a Heterosexual Who Fears This Decision Adversely Affects Your Marriage or the Concept of Marriage in General:

This decision does not affect you in any way.


If You Are a Heterosexual Who Fears This Decision Negatively Affects You in Some Way:

This decision does not affect you in any way.



If You Are a Heterosexual Who Suffers Anger or Anxiety at the Thought of Gay Couples Getting Married and Believes the Only Cure Is to Legally Prevent Gay Marriage:

This decision will cause you some degree of anger or anxiety. If it does, we suggest you seek a qualified therapist to help you with your anger and anxiety issues. Otherwise, this decision does not affect you in any way.

http://www.retailhellunderground.com/my ... s-you.html" onclick="window.open(this.href);return false;

But but....queer love is equal to my straight love. That isn't right!


Sent from my iPhone

[BDKJMU]

If You Are a Homosexual and Want to Get Married:

States are still free to decide whether or not same-sex marriage is legal; if you live in Mississippi, this does not help you. But, the voter initiative to ban gay marriage in California is now dead, pending further legal challenges or other ****. With DOMA now dead, states who hate same sex marriage will not be forced to allow gay marriage, but will be forced to recognize your out of state same sex marriage.

I don't believe that is the case....

[grizzaholic]

I am really wondering how gay's marrying will affect (I have no clue if this is the correct effect/affect) regular folks?

If Dback happened to live in Montana and he wanted to marry his boyfriend, I couldn't care less....well, if I wasn't invited to the reception I might be chided....but it wouldn't bother me one bit.

[dbackjon]

June 28, 2013...9th circuit lifts same-sex ban in CA...

http://www.kpbs.org/news/2013/jun/28/9t ... marriages/

...within minutes, county clerks were issuing applications and marriages began.

A side issue arising from the Prop 8 decision...SCOTUS ruling that the initiative proponents had no standing to appeal the decision when the State Govt. declined to defend the initiative results...creates the stare decisis defacto method for CA State Govt. to veto any successful initiative it doesn't agree with.

Capitol LGBT leaders hailed the SCOTUS decision as the "...final law of the land." Within minutes of the 9th circuit announcement, an anti-same sex marriage group announced they had filed another legal challenge.

And on, and on it goes...

While I agree with the outcome, I am bothered by the lack of standing issue - as you said, it could be used by any party that has total power in a state to ignore referrendums, etc.

[Grizalltheway]

I am really wondering how gay's marrying will affect (I have no clue if this is the correct effect/affect) regular folks?

If Dback happened to live in Montana and he wanted to marry his boyfriend, I couldn't care less....well, if I wasn't invited to the reception I might be chided....but it wouldn't bother me one bit.

No go on the reception, but you can be the fluffer for the wedding night.

[grizzaholic]

I am really wondering how gay's marrying will affect (I have no clue if this is the correct effect/affect) regular folks?

If Dback happened to live in Montana and he wanted to marry his boyfriend, I couldn't care less....well, if I wasn't invited to the reception I might be chided....but it wouldn't bother me one bit.

No go on the reception, but you can be the fluffer for the wedding night.

Ursus tells me that no more than 5 beers are to be consumed at receptions. He knows from experience.

[∞∞∞]

Saw this on FB:

[danefan]

If You Are a Homosexual and Want to Get Married:

States are still free to decide whether or not same-sex marriage is legal; if you live in Mississippi, this does not help you. But, the voter initiative to ban gay marriage in California is now dead, pending further legal challenges or other ****. With DOMA now dead, states who hate same sex marriage will not be forced to allow gay marriage, but will be forced to recognize your out of state same sex marriage.

I don't believe that is the case....

I believe you are right. The Full faith and credit clause does not require each state to recognize marriages issued in other states. There is an exception for things at would "violate local public policy." It does, however, require states to recognize judgments related to marriages granted and issued in other states. For example, probate or divorce decrees. DOMA tried to actually give states the ability to deny recognition for any court judgment "respecting" the marriage or union of a same-sex couple, or respecting a right or claim arising out of that relationship.

[dbackjon]

I don't believe that is the case....

I believe you are right. The Full faith and credit clause does not require each state to recognize marriages issued in other states. There is an exception for things at would "violate local public policy." It does, however, require states to recognize judgments related to marriages granted and issued in other states. For example, probate or divorce decrees. DOMA tried to actually give states the ability to deny recognition for any court judgment "respecting" the marriage or union of a same-sex couple, or respecting a right or claim arising out of that relationship.

But, as in inter-racial marriages, state bans violate the 14th Amendment

[danefan]

I believe you are right. The Full faith and credit clause does not require each state to recognize marriages issued in other states. There is an exception for things at would "violate local public policy." It does, however, require states to recognize judgments related to marriages granted and issued in other states. For example, probate or divorce decrees. DOMA tried to actually give states the ability to deny recognition for any court judgment "respecting" the marriage or union of a same-sex couple, or respecting a right or claim arising out of that relationship.

But, as in inter-racial marriages, state bans violate the 14th Amendment

I don't think this ruling held that for same-sex marriages though Jon.

[dbackjon]

But, as in inter-racial marriages, state bans violate the 14th Amendment

I don't think this ruling held that for same-sex marriages though Jon.

No, it didn't, but there is no way to logically claim that the 14th Amendment applied to inter-racial marriages but not same-sex marriages. (of course, logic is lost on Scalia/Thomas/alito). The majority opinion invited a challenge, which is in the works.

[blueballs]

Good for the gays... just keep the door closed, I don't want to watch or listen.

My question is this: Since it is pretty much accepted fact that the courts favor women in alimony and child support cases, how is this going to fly in gay divorces?

Does the more feminine acting of the two get favorable treatment? Will the judge make a subconscious judgment on who is more likely to be the "receiver" and therefore favor that one? Will the judge see who has the most discomfort sitting down?

[dbackjon]

Good for the gays... just keep the door closed, I don't want to watch or listen.

My question is this: Since it is pretty much accepted fact that the courts favor women in alimony and child support cases, how is this going to fly in gay divorces?

Does the more feminine acting of the two get favorable treatment? Will the judge make a subconscious judgment on who is more likely to be the "receiver" and therefore favor that one? Will the judge see who has the most discomfort sitting down?

Good question. Want to get married, then divorced?

[andy7171]

Good for the gays... just keep the door closed, I don't want to watch or listen.

My question is this: Since it is pretty much accepted fact that the courts favor women in alimony and child support cases, how is this going to fly in gay divorces?

Does the more feminine acting of the two get favorable treatment? Will the judge make a subconscious judgment on who is more likely to be the "receiver" and therefore favor that one? Will the judge see who has the most discomfort sitting down?

[blueballs]

Good for the gays... just keep the door closed, I don't want to watch or listen.

My question is this: Since it is pretty much accepted fact that the courts favor women in alimony and child support cases, how is this going to fly in gay divorces?

Does the more feminine acting of the two get favorable treatment? Will the judge make a subconscious judgment on who is more likely to be the "receiver" and therefore favor that one? Will the judge see who has the most discomfort sitting down?

Good question. Want to get married, then divorced?

No way...

Definition of divorce: when a man gets his nuts ripped out through his wallet.

[Ivytalk]

Definition of divorce: when a man gets his nuts ripped out through his wallet.

[danefan]

I don't think this ruling held that for same-sex marriages though Jon.

No, it didn't, but there is no way to logically claim that the 14th Amendment applied to inter-racial marriages but not same-sex marriages. (of course, logic is lost on Scalia/Thomas/alito). The majority opinion invited a challenge, which is in the works.

Here's a good case to start that challenge with:

CINCINNATI (AP) -- A federal judge has ruled in favor of two Ohio men who want their out-of-state marriage recognized as one of them nears death, a case that's seen as encouraging for same-sex marriage supporters in the state.

The death certificate for ailing John Arthur can show James Obergefell as his surviving spouse, U.S. District Judge Timothy Black in Cincinnati said Monday. The couple wanted the ruling for purposes including being able to be buried next to each other in an Arthur family plot that allows only descendants and spouses, The Cincinnati Enquirer reported ( http://cin.ci/1bXTkbB" onclick="window.open(this.href);return false; ).

Though Black's temporary restraining order supporting their death certificate request was specific to the couple's case, opponents of Ohio's ban on gay marriage were encouraged by it.

"This is going to open the door to create a large number of same-sex couples married in other states" to try to change the law, said the couple's attorney, Al Gerhardstein.

The men married recently in Maryland, which recognizes gay marriages, their lawsuit filed Friday against state and local authorities said. With Arthur's condition deteriorating, they flew there July 11 and were married on an airport tarmac, their lawsuit states. Arthur has Lou Gehrig's disease.

Black said Ohio's ban on same-sex marriage denies them equal protection under the law, and he also noted that Ohio recognizes other out-of-state marriages, such as between first cousins, that aren't authorized to be performed in the state.

"How then can Ohio, especially given the historical status of Ohio law, single out same-sex marriages as ones it will not recognize?" Black wrote. "The short answer is that Ohio cannot...."

http://hosted.ap.org/dynamic/stories/U/ ... TE=DEFAULT" onclick="window.open(this.href);return false;

[dbackjon]

No, it didn't, but there is no way to logically claim that the 14th Amendment applied to inter-racial marriages but not same-sex marriages. (of course, logic is lost on Scalia/Thomas/alito). The majority opinion invited a challenge, which is in the works.

Here's a good case to start that challenge with:

CINCINNATI (AP) -- A federal judge has ruled in favor of two Ohio men who want their out-of-state marriage recognized as one of them nears death, a case that's seen as encouraging for same-sex marriage supporters in the state.

The death certificate for ailing John Arthur can show James Obergefell as his surviving spouse, U.S. District Judge Timothy Black in Cincinnati said Monday. The couple wanted the ruling for purposes including being able to be buried next to each other in an Arthur family plot that allows only descendants and spouses, The Cincinnati Enquirer reported ( http://cin.ci/1bXTkbB" onclick="window.open(this.href);return false; ).

Though Black's temporary restraining order supporting their death certificate request was specific to the couple's case, opponents of Ohio's ban on gay marriage were encouraged by it.

"This is going to open the door to create a large number of same-sex couples married in other states" to try to change the law, said the couple's attorney, Al Gerhardstein.

The men married recently in Maryland, which recognizes gay marriages, their lawsuit filed Friday against state and local authorities said. With Arthur's condition deteriorating, they flew there July 11 and were married on an airport tarmac, their lawsuit states. Arthur has Lou Gehrig's disease.

Black said Ohio's ban on same-sex marriage denies them equal protection under the law, and he also noted that Ohio recognizes other out-of-state marriages, such as between first cousins, that aren't authorized to be performed in the state.

"How then can Ohio, especially given the historical status of Ohio law, single out same-sex marriages as ones it will not recognize?" Black wrote. "The short answer is that Ohio cannot...."

http://hosted.ap.org/dynamic/stories/U/ ... TE=DEFAULT" onclick="window.open(this.href);return false;

Yes - perfect case to start with. Ohio recognizes marriages from other states - even marriages that it won't perform in Ohio. Anyone that rules that this is constitutional should be removed from the bench asap, as they clearly have no clue about the law (I'm looking at you, Scalia)

[∞∞∞]

I thought this was awesome: the US Consulate in Hamburg is flying the LGBT flag for the city's Pride Week. I'm not entirely positive, but this may be a first for a government building.

[BDKJMU]

I thought this was awesome: the US Consulate in Hamburg is flying the LGBT flag for the city's Pride Week. I'm not entirely positive, but this may be a first for a government building.

The only flag US govt buildings should be flying is the American flag....

[∞∞∞]

The only flag US govt buildings should be flying is the American flag....

Why? Gov't buildings post signs all the time, especially supporting human rights and freedoms.

[BDKJMU]

The only flag US govt buildings should be flying is the American flag....

Why? Gov't buildings post signs all the time, especially supporting human rights and freedoms.

We're talking FLAGS here.

So you're ok with the head of a US consulate flying any flag he wants to fly? What if he wants to fly a pro life flag that supports human rights and freedoms? What if he wants to fly the Tea Party flag?