DOMA is struck down as unconstitutional

[Dave (imported)]

>>

>>http://www.buzzfeed.com/chrisgeidner/ho ... iage-fight

>>

WASHINGTON — House Republican leaders announced in a court filing Thursday that they will not defend remaining statutes similar to the Defense of Marriage Act that ban recognition of same-sex couples’ marriages.

The move comes three weeks and one day after the Supreme Court ruled in Edith Windsor’s case that the federal definition of marriage in DOMA was unconstitutional because it banned the federal government from recognizing same-sex couples’ marriages.

“[T]he House has determined, in light of the Supreme Court’s opinion in Windsor, that it no longer will defend that statute,” lawyers for the House Bipartisan Legal Advisory Group (BLAG), controlled by House Republicans, wrote about veterans’ benefits statutes that similarly ban recognition of same-sex couples’ marriages.

[devi (imported)]

On marriage, gay or straight or platonic:

When a wedding happens, there are things to do. Things to buy. Bills to pay.

Having gay marriage, where more money is usually involved at first, at least, is good for the economy.

There are announcements.

Accoutrements to buy.

Rent a church/hall

Pay the minister/official

Rent good clothes

Videographer

Photographer

Music/DJ

Catering dinner/cake

reception hall

Clean up

Car rental (sometimes)

Legal fees

Gas involved/travel

But hey, let's all gripe about it instead. My Godson recently got married, and it was an ordeal. Usually, I just show up and take the pictures and send my bill. This time, we were all ass-deep in the planning and execution of said event. A lot of money changed hands!

As Bush I would have said, "Good for the economy!" Sadly, I've had to agree with him and Moi this morning.

I think I should go back to bed.

But "single" people have to pay a higher tax rate than couples do. So less in tax revenues due to repealing the "gay" penalty.

[Dave (imported)]

>>Like I said before - DOMA was designed to subvert the US Constitution (specifically the Full Faith and Credit clause) ...

>>With the Supreme Court decision, that has gone away.

>>

Federal judge orders Ohio to recognize marriage of dying gay man

7/23/2013 7:00am by John Aravosis

http://americablog.com/2013/07/fed-judg ... g-man.html

In a big move, but not a surprising one (I’d argue), a federal judge in Ohio has ordered the state to immediately recognize the recent marriage of a gay Ohio couple in Maryland.

One of the two men is terminally ill, and now in hospice care, but they raised they were able to raise enough money to fly a private jet to Maryland last week, where marriages of gay people are legal, and get married on the tarmac (the dying partner in a hospital bed) before immediately flying back to Ohio.

The men, Jim Obergefell, and his ailing husband, John Arthur, sued the state of Ohio to require them to list them as married on Arthur’s impending death certificate. The federal judge granted the couple a temporary restraining order, forcing the state to file the death certificate correctly.

More importantly, the judge mentioned the recent Supreme Court DOMA decision as part of his justification for granting the TRO. (The case will still have to go to trial.) More from Chris Geidner at Buzzfeed:

Looking at Ohio’s bans on recognizing same-sex couples’ out-of-state marriages, while acknowledging its recognition of the marriages of opposite-sex couples who would not be allowed to marry in Ohio, Black concluded, “The purpose served by treating same-sex married couples differently than opposite-sex married couples is the same improper purpose that failed in Windsor and in Romer: ‘to impose inequality’ and to make gay citizens unequal under the law.”

I really think the court granted us nationwide gay marriage in all but name. Yes, the way they did it requires us to go state-by-state and strike down individual state-DOMA laws, but that was the genius of the court’s decision. They paid homage to the notion that the court shouldn’t upend the “democratic experiment” taking place in the states, while at the same time coming up with a decision that basically leaves the states no wiggle room to say “no” to marriage equality for gays once the state DOMAs are challenged.

So yes, it will take longer for us to get marriage in 50 states – thus a nod to the notion that the court shouldn’t change everything nationwide immediately – but at the same time, they pretty much guaranteed that we’ll win. And this Ohio ruling is quite possibly the first evidence of that fact.

[Riverwind (imported)]

Yes, I remember saying this would happen and when other states realize that its a lost cause they will come on board because it will cost to much money not to and its a case that they can not win.

River

[moi621 (imported)]

So what's new ?

And even if it is new, it is old.

Another Thread That Has Outlived Its' Time

:-\

[Dave (imported)]

So what's new ?

And even if it is new, it is old.

Another Thread That Has Outlived Its' Time

:-\

Ohio does not have same sex marriage. So when an Federal Court orders it to recognize a Maryland marriage for the purpose of obtaining a Death Certificate it is a test case that can reach the Supreme Court if Ohio doesn't honor the court's decision.

One of the nastiest ways that the anti-same-sex-marriage groups use to demean and insult gays and lesbians is to take away marriage benefits at Death. That's why hospital visitations were among the first of the "rights" given to gays and lesbians in same-sex unions.

[Riverwind (imported)]

Moi, what rock do you live under?

As I have said before, when my brother passed away the gay undertaker asked me not his partner of 28 years what to do with the body, he asked me because I was blood and his partner was nobody. That happened in California I might add and I quickly told the guy to do exactly what Roger told him to do and that is exactly what the family wants.

The problem was that I had to say that,

The problem is that I could have changed my brothers wishes and over rode what Russ and Roger wanted.

That is why this is very important what is happening in Ohio TODAY.

River

[Losethem (imported)]

So what's new ?

And even if it is new, it is old.

Another Thread That Has Outlived Its' Time

:-\

Enjoying your special rights Moi?

Until I am equal in EVERY state in the land, this thread is relevant.

--LT

[Dave (imported)]

>>Since I live here in Pennsylvania, I can tell you that once this hits the courts, it will take a year or two just to wind its way through the courts in Pennsylvania.

>>If the State Supreme Court eventually denies it, then the the US Supreme Court can be petitioned.

>>Montgomery County is north west of Philadelphia and includes Norristown PA... South of Reading where you can ride the trains in MONOPOLY.

Gay couples marry in Montgomery County

By JENNY DeHUFF

Wednesday, 07/24/13 08:09 am

Updated: Wednesday, 07/24/13 07:06 pm

http://www.timesherald.com/article/2013 ... ery-county

NORRISTOWN — Montgomery County made history Wednesday by issuing the very first same-sex marriage license in the state of Pennsylvania.

By close of day at the Register of Wills/Clerk of Orphan’s Court, five had been issued, catapulting Montgomery County to the forefront of the latest statewide debate on same-sex marriage.

Loreen M. Bloodgood, 40, and Alicia A. Terrizzi, 45, both of Limerick, were married hours after Register of Wills and Clerk of the Orphans Court, D. Bruce Hanes, granted their marriage license. They were the first in line at 8 a.m. after word quickly spread Tuesday that Hanes’ office welcomed same-sex couples.

Bloodgood and Terrizzi have been in a relationship for 18 years and came in with two school-age boys, and it was an emotional morning.

“I knew, driving in, that we could have a line around the block,” said Hanes. “Tears, everywhere.”

Hanes said he waived the three-day waiting period – typical of all marriage licenses – for the couple because they were leaving the area soon and wanted to tie the knot right away. Waivers of the sort are at the discretion of the Clerk of the Orphan’s Court.

“I think we feel equal, for once. I think we feel the same as everybody else and it’s a great feeling. It’s almost indescribable,” said Bloodgood.

“We think it’s really important to show our children that we are a family and we just like their friends who have moms and dads. It’s important for us to stand up for what we believe in. We’ve been a family for 18 years and we’re no different from anybody else, and finally, it’s recognized.”

“We weren’t really planning on being the first people,” said Terrizzi.

“I thought there was going to be a giant line here. I guess we are kind of trendsetters.”

Sasha Esther Ballen, 38, and Diana Lynn Spagnuolo, 39, both of Wynnewood, came in not long after and were granted a marriage license. They were number two.

Hanes has said he will “come down on the right side of history and the law” in issuing the licenses, a first for the commonwealth, which defines a marriage as being between a man and a woman.

“When I was sworn in in January 2008, I was sworn to uphold the constitution of this commonwealth, and my understanding of that requires me to do just that,” he said.

“There are three sections of the commonwealth’s constitution that jump out at you ... they talk about equality, regardless of gender. They talk about essential civil rights. Nobody should be denied a civil right, especially based on sex.”

Montgomery County’s issuance of the licenses flies in the face of a Pennsylvania law banning same-sex unions. The statewide ban is facing a legal challenge by the American Civil Liberties Union (ACLU) on the grounds the ban is unconstitutional.

“What we have is a law that was passed defining marriage. In my opinion, that law is in opposition to the Pennsylvania Constitution,” said Hanes.

“I think my responsibility is to uphold the Constitution and ignore what I consider to be an unconstitutional statute. I think this is extremely historic, extremely important and I think it’s a new landmark in human equality.”

Michael P. Clarke, a solicitor for the Register of Wills, said Attorney General Kathleen Kane’s decision not to defend the state in the ACLU lawsuit relies on a state statute called the Commonwealth Attorney’s Act, which comes into play when the attorney general feels it is in the best interest of the commonwealth to authorize the Office of General Counsel to defend the state in litigation.

“Why people are yelling at (Kane) for dumping it in (Gov. Tom) Corbett’s lap – I think she has the absolute right to do that, under that statute,” said Hanes.

Craig Andrussier, a non-denominational wedding officiant of Lansdale, performed the private ceremony for Bloodgood and Terrizzi at an undisclosed location in North Wales, just two hours after the couple obtained their marriage license, around 10:45 a.m.

“I marry just about anybody who wants to get married,” said Andrussier, who had performed “commitment ceremonies” in the past for same-sex couples, up until now.

“If two people love each other and want to spend the rest of their lives together, that’s what I’m here for. They wanted to have a ceremony with family and friends, but they wanted to get it done as soon as possible before any legislation changed over. This was the first one done in the state and I’m glad to be a part of it.”

County Board of Commissioners’ Chairman Josh Shapiro and Vice Chairwoman Leslie Richards – both Democrats – expressed their support for Hanes’ decision Wednesday. Richards was one of the first to speak out in favor of Wednesday’s move. She said the phones in the commissioners’ office were “ringing off the hook.”

“This is a huge day for Montgomery County. This is one of the most important issues, so I’m very proud to be here today,” she told The Times Herald. “It’s a matter of when – when same-sex marriage is going to be legal and this is definitely moving the dialogue forward in getting us closer to that date.”

On Tuesday, she and Shapiro issued a press release in favor of the orphan’s court’s intent to issue the licenses. Two different women were slated to be issued marriage licenses Tuesday afternoon during what was initially advertised as a “major news conference,” but bowed out – last minute – at the advice of their attorney.

Molly Tack-Hooper, staff attorney at the ACLU of Pennsylvania, applauded the county’s decision to issue the licenses, but said the ACLU did not advise Tuesday’s couple “one way or the other as to whether they should get a marriage license” – but simply gave them fair warning of what could happen.

“In other states, government officials issued marriage licenses before the restriction was overturned by a court, similar to what the Register of Wills is doing here,” said Tack-Hooper.

“In those other states, courts later ruled that the government officials didn’t have the authority to issue the marriage licenses and invalidated many of those marriages.”

Republican Commissioner Bruce L. Castor, Jr., said that the subject of same-sex marriage should be left up to the courts.

“It is not within the authority of the Clerk of the Orphan’s Court or the Register of Wills to change Pennsylvania’s marriage definition. Only the legislature or a court could do that,” he said.

“My opinion is that when you are an executive branch official, like (Hanes) is and like I am, you swear to preserve, protect and defend the Constitution, which means you enforce the laws that were passed pursuant to the Constitutional procedures.”

Adrian Shanker, president of Equality Pennsylvania, headquartered in Harrisburg, called it, “a good time to stand up for total equality.”

“We’re seeing a growing amount of interest in marriage equality in Pennsylvania. I think we’re at a time where elected officials who support fairness and equality want to do everything they can to show their constituents where they stand,” he said.

Shanker and his husband were married in Connecticut, and he advised same-sex couples seeking marriage to apply for licenses in other states, where it’s already legal.

“It’s unclear whether these marriages in Montgomery County will be valid or not,” he said.

“I would certainly advise people who want to get married to drive to Delaware, Maryland or Connecticut … so you don’t take the risk of having your marriage invalidated.”

The five marriage licenses issued Wednesday, said Hanes, are “good” anywhere in Pennsylvania.

“Can’t use it in Jersey,” he said.

[A-1 (imported)]

So what's new ?

And even if it is new, it is old.

Another Thread That Has Outlived Its' Time

:-\

OH! You mean like "moi's money's worth" and similar dead horses of yours that have been beat into stiff leather saddles to ride the backs of River and the other moderators adNAUSEUM?