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When DOMA is overturned, and the Feds recognize SSM in the states that allow SSM, will you move to a SSM state?

I know SCOTUS is going to uphold Prop 8, and bring marriage equality only to California. Good for you California.

This is going to start a flurry of lawsuits, and one will get to SCOTUS, using the 14th amendment argument. Once that case is won, the remaining states with amendments banning SSM will all be overturned. I expect these lawsuits to begin right after the 2 judgements come out at the end of June.

I live in GA. If I go to NYC and marry my man, I'll come back to GA, where our Union will not be recognized. This just isn't fair or right.

What say you?

by Anonymousreply 2203/31/2013

Um, OP? If they uphold Prop 8, then CA won't be getting marriage equality

by Anonymousreply 203/27/2013


by Anonymousreply 303/27/2013

Prop8 won't be upheld. DOMA will be struck down.

And once that happens, once you're married in one state, other states will have to recognize it, even if they don't all you to get married in that state.

More lawsuits will be brought regarding this issue, and eventually all state bans will be struck down (if the Supreme Court doesn't go ahead and do it this year... which they'll likely try to avoid doing)

by Anonymousreply 403/27/2013

If (as is widely predicted) the Supreme Court allows the District Court decision to stay in force, CA will have same-sex marriage. But it does not follow that other states will have to recognize it, and Section 2 of DOMA -- which was not under discussion today -- still permits states not to recognize same-sex marriages in other states. Whether this section is constitutional still remains to be seen, in another lawsuit down the road.

So yes, gay couples who want a valid and recognized marriage would have to move to a state that either has legalized these marriages or has not legalized them but recognizes such marriages from states that do.

If, as is also widely expected, Section 3 of DOMA -- the subject of today's hearing -- turns out to be unconstitutional, such couples would also be eligible for federal benefits (such as Social Security) no matter where they lived.

by Anonymousreply 603/27/2013

I currently live minutes away from 2 places where same sex marriage is legal: Washington, DC and Maryland. I wouldn't move to either one for the sole purpose of having my marriage recognized....but that's not because I wouldn't want to live in a place that recognizes same sex marriage. Unfortunately, DC and Maryland both suck. As does my current home state of Virginia.

by Anonymousreply 703/27/2013

What does the MSM have to say about SSM for MSM who are into S&M?

by Anonymousreply 803/27/2013

Yes OP. Probably.

by Anonymousreply 903/28/2013

OK, I mis-spoke. I meant when SCOTUS upholds the unconstitutionality of Prop 8 and only CA gets marriage equality. Sorry for the confusion.

by Anonymousreply 1003/28/2013

How much longer for Michigan?

(It's s a blue state, which is good, but has enough dumbass Democrats who voted 59% against LGBT and for a state constitutional amendment -- "one man and one woman" -- in 2004.)

by Anonymousreply 1103/28/2013


by Anonymousreply 1203/28/2013

I don't see the Obama Administration getting into the logistical quagmire of where one lives: "Sorry, Steve, we're going to suspend your (former New York) Social Security survivor checks of Chuck's as you're address-of-record is now North Carolina." Moreover, I can't see them saying that couples arriving at JFK can have a joint customs exemption, but no dice via Atlanta. What will Republicans do? Sue them to look even MORE like bigoted Grinches?

by Anonymousreply 1303/28/2013

The federal part of DOMA is the first issue.

But the state part is also important. Eventually, some redneck official or judge in a red state is going to refuse a gay spouse access to a hospital or refuse to enforce a child support judgement or mess up a custody case.

People can play games--moving to a state that does not recognize gay marriage to try to avoid divorce or child support obligations. Federal courts will ultimately uphold the "full faith and credit" clause. But that may take years.

There will be good reason for any couple with children or complex finances to live in a gay marriage state, so the legal boundaries probably will affect where some people live.

I suppose it is possible that the Court might find a way to declare the entire statute void as opposed to just section 3. That would be sensible. Haven't heard much talk about it.

by Anonymousreply 1403/28/2013

I got my SSM at the old A&P

by Anonymousreply 1503/28/2013

R13. That's just what his admin thrives on!

by Anonymousreply 1603/28/2013

Will the federal government have to honor the marriage of someone married in New York but living in Georgia?

Yes, right??

by Anonymousreply 1703/28/2013

With Section 2 of DOMA still in effect, I'm not sure that's clear, R17.

by Anonymousreply 1803/28/2013

If DOMA is overturned, then won't the state you live in and the federal government have to recognize a gay marriage entered into in any state?

And, if so, one wouldn't have to move out of a state that doesn't recognize same sex marriage. All one would have to do is get married in a state that recognizes same sex marriage and return home.

by Anonymousreply 1903/28/2013

"Um, OP? If they uphold Prop 8, then CA won't be getting marriage equality"

Um, r1, what you say is true.

But it has absolutely nothing to do with OP's question which concerned not the upholding of Prop 8 but the overturning of DOMA.

The Supreme Court is hearing both cases this week.

Try not to be so smug next time. It is really unattractive. Even when you are right. And makes you look like a complete asshole when, as here, you don't know what the fuck you are talking about.

by Anonymousreply 2003/28/2013


by Anonymousreply 2103/29/2013

IF DOMA is overturned.....

by Anonymousreply 2203/31/2013
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