DOMA is struck down as unconstitutional

[Dave (imported)]

That's what I thought when I saw that the moved.

I keep changing the title of the reply to reflect the state or the law. For anyone that doesn't know how to do that, hit "go advanced" next to the post button and there's an entry for the post's title.

There is a story about New MExico but I can't sum it up in 100 words it's so complicated. The ACLU is going to file suit on behalf of some 2004 marriages thanks to a divorce ... HUH? ... That was my reaction -- "what?" Maybe someone in New Mexico can explain it.

So when they do file suit and I see it in the news, I'll post it.

May AP or some nice newspaper will write a coherent article.

[Riverwind (imported)]

Yes today the IRS said it would accept tax returns from same sex partners. So now the Federal Government has officially recognized all same sex marriages from whom ever. With this how long before some red states object to the tax forms that will be sent to states by same sex couples and be denied, I see another case going to the Supreme Court and this time it will become the law of the land, this is moving faster then I thought.

River

[jemagirl (imported)]

Jema,

The reason it's important is that it's the difference between tolerance and acceptance. That one of the things I remember about Harvey Milk is that he encouraged people to come out of the closet and stand as equals not hide as a inferiors. Things like this put gays and lesbians on the same footing as everyone else.

I think that the same thing will happen with transgendered youth.

Dave,

I understand what you are saying, but we are talking about Walmart. They supported the affordable healthcare bill only because they knew they could sidestep it after it became law. When it comes to Walmart it's all about the public relations aspect of being a good corporate citizen rather than actually doing what it takes to take care of their employees. I will concede that they probably don't give a flying frock about weather their employees domestic partners are same sex couples, since they are screwing them all anyway.

[Dave (imported)]

>>This is how the fall of DOMA starts to affect laws that are written "man and women" start to fall.

>>The ideal would be one congressional action but the effect will be the same if the laws of the Federal government and State governments keep getting challenged.

>>

>>

>>

Veterans Affairs Can't Deny Benefits To Lesbian Army Vet Tracey Cooper-Harris, Judge Rules

http://www.huffingtonpost.com/2013/08/3 ... 42542.html

LOS ANGELES -- A judge in Los Angeles ruled Thursday that a lesbian Army veteran and her spouse should be entitled to disability benefits given the recent Supreme Court ruling that struck down part of the Defense of Marriage Act.

U.S. District Judge Consuelo Marshall said that a federal code defining a spouse as a person of the opposite sex is unconstitutional "under rational basis scrutiny" since the high court's decision allowing legally married gay couples the right to health care benefits.

"The court finds that the exclusion of spouses in same-sex marriages from veterans' benefits is not rationally related to the goal of gender equality," in the code, Marshall wrote in her four-page ruling.

The Department of Veterans Affairs denied an application from veteran Tracey Cooper-Harris and her spouse seeking additional money and benefits that married veterans are entitled to receive. Cooper-Harris suffers from multiple sclerosis and receives disability benefits.

She and Maggie Cooper-Harris got married in California during the brief period in 2008 when same-sex unions were legal in the state. The plaintiffs' attorneys had said previously the couple would receive about $150 more a month in disability payments, and Maggie Cooper-Harris would be eligible for about $1,200 a month in survivor's benefits if her wife died.

The Justice Department had asked for Cooper-Harris' case to be tossed out on the grounds that veterans' claims can only be heard by an administrative Board of Veterans' Appeals. But Marshall said the case could move forward.

The law on VA benefits specifically defines spouse and surviving spouse as someone of the opposite sex, which has prevented same-sex married couples from accessing such benefits as enhanced disability or pension payments.

In a letter to Sen. Jeanne Shaheen, D-N.H. earlier this month, VA Secretary Eric Shinseki said no court had deemed the provision unconstitutional, nor has Congress taken up a bill to change the definition of spouse. He noted, however, that if spousal definitions were determined to be unconstitutional, the agency would be prepared to update its policies.

The Defense Department has said that same-sex spouses of military members will be eligible for the same health care, housing and other benefits enjoyed by opposite-sex spouses starting Sept. 3.

[Riverwind (imported)]

Like I said, this is starting to look like wild fire, even republicans realize this is a done deal and soon it will be the law of the land in every state, and its about time.

River

[Mac (imported)]

Well we can stop discussing this soon as it is primarily both a political and religeous issue.

[Riverwind (imported)]

No Mac, this is exactly the kind of political post that will be allowed, its related to gender issues it has nothing to do with religion. If you think it does I would suggest some fine reading on the subject starting with Genesis.

River

[A-1 (imported)]

...so the "R" word and the "D" word are allowed?

[Riverwind (imported)]

...so the "R" word and the "D" word are allowed?

Dont split hairs with me, I think you know exactly what is allowed if not we have installed a infraction system which will make it clear.

River

[Dave (imported)]

The reason there is a DOMA thread is that the law established two classes of citizens under Federal laws - "straights" who get full benefits of being citizens and "homosexuals" who get less than the full benefits of being citizens. DOMA was one of two sets of legal instruments used to demonize the LGBT community and to shame them by giving them less that full citizenship. DOMA was the major legal argument in states not adopting same-sex marriages because it was cited as Federal Law. DOMA was a "stick it up your ass law" for equal rights for the LGBT community.

And remember that DOMA was a chief reason that California's Proposition 8 was pushed into a vote. And as the Supreme COurt ruled - the majority cannot vote away the rights of a minority. That's what happened in California - Same sex marriage was legalized and then Prop 8 took it away.

DOMA also let a state not recognize another state's same-sex marriage. That was insidiously unconstitutional. The US Constitution from its beginnings has required that one state recognize another states laws and give them "full faith and credit"...

When DOMA was ruled unconstitutional, all of this legal structure started to fall away. When Ca Prop 8 was declared unconstitutional then the individual States were left

to legalize same sex marriage.

So what I keep posting in this thread is news of either individual states repealing DOMA-like laws or individual states starting to create same-sex marriage. I Wanted to have two threads - one for DOMA and the second for Same-Sex Marriage but those two subjects are so closely entwined that a decision on one affects the other. Hence, one thread to follow the news.

So I'm not talking "R" and "D" here. I'm talking about removing the DOMA-like laws across the country, the expansion of same-sex marriage, and equality of rights.

EQUALITY OF RIGHTS include same treatment under both federal and state tax laws...

Same treatment of hospital visitations which is still not a decided issue.

Same treatment in both marriage and divorce laws, and the laws governing inheritances..

and a whole host of other equal rights issues that have been used to maintain LGBT people as second class citizens.

This is not for bashing "R" and "D" and it can't be...

There's something going on in New MExico that deals with same-sex marriages conducted in California in 2004 which I haven't quite got a handle on yet.

There's legal maneuvering in Pennsylvania which I'm following.

There's a suit filed against South CArolina's version of DOMA.

There's an effort in Illinois.

Title 38 of the USC which Shinseki of the Veterans Affairs is using to slow-walk same-sex rights is going to fall. It's a Virginia case against the VA brought by a lesbian couple in California. TItle 38 has a "mini-DOMA" clause just for the VA.

Look around your state and in the news to see if there is a movement to equalize LGBT rights or Same-Sex marriage going on and report the facts not the opinions.

UPDATED: If I'm wrong on this, just let me know and I'll change what and how I post this news.