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This morning, I saw on the 'ticker tape' portion of one of those 24-hr news channels (a Toronto station) that New York State has legalized same-sex marriages by a vote of 33-29. Didn't have much more information than that, but I bet you can probably find more.

I understand that makes it the 6th State to do so. Only 44 to go, guys!

PB

Comments

From what I heard

From what I heard on the news this AM it is the 7th state. What is sad is that 41 have passed laws that say not only no but Hell no.
What I found interesting was the Republican support in NY

James

question

how will it be handled when a gay couple marries in new york, then lives in a state whithout gay marriage rights?
and on the federal level?

That's part of what the California case addresses...

Puddintane's picture

...in regards to Proposition 8, which purports to make it impossible for gay and lesbian couples to marry. An appellate judge ruled that it was unconstitutional on its face, which has the religious right in a dither, especially because the California government declined to appeal, stating that they had no interest in defending the law, which was passed by "citizen initiative" by a large (but vociferous) minority. Thus far, California courts and the Ninth Circuit Federal appeals courts have declined to allow the right wing groups who support the law legal "standing" to defend it, so it will likely go to the US Supreme Court.

There may be enough bigots on the Supreme Court to reinstate the law, but they'll have to jump through some hoops to do it.

Wikipedia: California Proposition 8

The sensible answer, of course, is that the case will pull down the Federal "Defense of Marriage" Act along with it, along with all the discriminatory laws passed by other States, but good luck with that. "Sense" is in fairly short supply on this edition of the Supreme Court.

Cheers,

Puddin'

A tender heart is an asset to an editor: it helps us be ruthless in a tactful way.
--- The Chicago Manual of Style

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Cheers,

Puddin'

A tender heart is an asset to an editor: it helps us be ruthless in a tactful way.
--- The Chicago Manual of Style

As I understand it...

... There are several States that have come out and said that while they oppose same-sex marriage being performed within their State borders, they will not oppose an existing marriage if legally performed outside of their State. I may be wrong, but that's my understanding. It makes sense, though ... considering the numbers of American couples that crossed the Canadian-American border to get married.

PB

It depends...

That couple that got married - would be married in NY... When they went back to their state, they may/may not be married. Here in NJ - their marriage would be recognized, even though they couldn't get married here. In other states they would not be married. *sighs*

At the federal level, they would not be recognized as married for tax purposes, but some benefits would accrue (there are some benefits available for SS Couples).

Other points on the NY Law (that I've gleaned over the past dozen hours or so:
1) Goes into effect 30 days from when the governor signs it.
2) You do not need to be a NY Resident to get married (& get a valid marriage license) in NY - so... Big boost to wedding business in NY!!! (from states that don't recognize it -yet)
3) Legislature cannot REVOKE the law. It can only be revoked by either judicial action (judged unconstitutional) or constitutional convention (state constitution changed to make it illegal).

Anne

P.S. One commentator indicated there may be a time bomb in the law - squeezed in at the last moment - that if any part is judged unconstitutional - the entire bill is cancelled. Not so sure about this or how likely it is.

Though being declared

Though being declared unconstitutional will be difficult since again they added the language to prevent religious groups who don't condone same-sex marriage from being forced to marry a couple. That is the Freedom of Religion aspect. So basically, even with judges that lean to the right, NY trumped them I would say.

And a constitutional convention will not be something any of the people there want. It would be disastrous for the delegates in such a convention if they did rescind this law. Why? Because while only 51% of the people support same sex marriage, the younger you go into the demographics (say 18-25) the support rises considerably. And soon those will be the people that the politicians count on to get elected.

Shannon Johnston

Samirah M. Johnstone

I really get very fed up

Angharad's picture

with people who aren't directly affected telling others how to live their lives. I can't see how allowing gay people to marry affects those who aren't gay - it's not as if it stops hetero couples - so what's the big deal?

I know it relates to the Bible - marriage is a union between a man and a woman for the purpose of creating children - so anyone over the age of fifty can't legally be married.

It also says in the Bible - thou shalt not kill - yet the religious right kill when it suits them - they always have. It's all double standards and spoiling other people's fun, hypocritical wankers the lot of them.

Angharad

Angharad

Even the Ten Commandments...

...are impossible to uphold.

"You shall not covet your neighbour's wife. You shall not set your desire on your neighbour's house or land, his maservant or maidservant, his ox or donkey, or anything that belongs to your neighbour." (Deut 5:21)

Ever envied anyone or anything? Bad luck. "For I, the LORD you God, am a jealous God, punishing the sin of the fathers to the third and fourth generation of those who hate me, but showing love to a thousand generations of those who love me and keep my commandments." (Deut 5:9-10)

And how do you reconcile "Do not murder" (Deut 5:17) with what they're commanded to do once they've conquered a territory: "You must destroy them totally. Make no treaty with them, and show them no mercy.... Moreover, the LORD you God will send the hornet among them until heven the survivors who hide from you have perished." (Deut 7:2,20)

Oh, and when Moses went up the mountain, he allegedly didn't eat or drink anything for the proverbial forty days and nights... then when he returned to camp and saw his tribe had occupied themselves with building a golden calf and worshipping it, he allegedly fasted for another forty days and nights. Proof (if ever you needed it) that significant quantities of religious texts should be consumed with a large pinch of sodium chloride. There may be truth in them... somewhere... but good luck on finding the wheat in amongst the chaff...

-oOo-

Meanwhile, here in the UK we've done things differently. "Civil Partnerships" have all the legal consequences of marriage, but are an entirely separate institution (such that those changing their gender have to get their marriage dissolved and enter into a civil partnership), and presumably with the intention of soothing the anger of religious traditionalists, cannot have any religious element. Having said that, there have been a few murmurings around parliament of removing that requirement, and possibly even allowing same-sex marriage (while still keeping civil partnerships).

 

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