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Crohn's Disease Forum » Support Forum » Gay, Lesbian, Bisexual & Transgender » Marriage Equality before the Supreme Court


06-23-2013, 11:56 AM   #1
nogutsnoglory
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Marriage Equality before the Supreme Court

Tomorrow might be the big day at the U.S. Supreme Court as two cases involving marriage equality may get their ruling. The cases before the court are the validity of the federal ban on recognizing same-sex marriage in states that have legalized it, known as DOMA and the Prop 8 case which rescinded marriage rights in California.

These cases are extremely interesting because there can be a range of outcomes including the possibility that the court will rule that marriage equality must become the law in all 50 states. Most legal experts don't think the court will issue such a sweeping ruling at this time. It is expected that DOMA will be overturned and marriage will resume in California. There is also the possibility that states with civil unions will convert to full marriage.

This issue is really important to me and so many others because marriage not only is a symbolic show and affirmation of a couples love and commitment but also affords 1,600 rights, benefits and obligations. A number of these also revolve around healthcare and end of life decision making. I also think marriage equality is a mental health issue bevause as long as we tell LGBT youth they are not fully equal, how can they have the self esteem to thrive as productive citizens?

I am very excited and nervously anticipating the SCOTUS ruling!
06-23-2013, 05:32 PM   #2
DustyKat
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I despair at the state of same sex marriage in Australia.

It was recently put to the Parliament here and was defeated. I do feel a large part of that defeat is due to the fact that we have had a hung Parliament for nigh on three years and under those circumstances the incumbents are never keen to rock the boat too much, ironic given that the majority of Australians believe in same sex marriage. That and the fact that the conservative opposition has not allowed its members to take part in a conscience vote on the matter.

We have a Prime Minister that is in a de facto relationship and an opposition leader that I'm sure spends most of his time wondering whether he should be the Pope or the Prime Minister. Hardly the people to point fingers and take the moral high ground if you ask me.

I will say here and now that I am not married and never have been, I do not believe in it but I also had that choice and being heterosexual my rights under the law are the same as a married couple. For those that do believe in marriage it should open to all regardless of the nature of the union and I do understand that for you it extends beyond the union itself and to your rights as both as an individual and couple.

Good luck ngng, I hope the decision provides a positive long and lasting outcome.

Dusty. xxx
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06-23-2013, 05:44 PM   #3
Jmrogers4
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These cases are extremely interesting because there can be a range of outcomes including the possibility that the court will rule that marriage equality must become the law in all 50 states.
Oh how I wish this would happen, unfortunately I think that is the only way anything will ever be passed in my state. I love my state but its politics drive me nuts!
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06-23-2013, 06:02 PM   #4
nogutsnoglory
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I try to follow the international trends in marriage equality too. Europe and South America are much further along on the issue. A slim majority of Americans now support gay marriage and younger people overwhelmingly support it. It's only a matter of time, even in Idaho! I think attitudes are quickly changing as more and more people come out to family, friends and co-workers. We aren't these scary people anymore we are just people who pay taxes who love our friends and family and dread Crohn's LOL.

Australia is odd in the sense that you have these different jurisdictions and I believe one of your states does allow it? I also read that the Australian government officially congratulated New Zealand on the issue. It's odd that a government opposed to marriage rights would applaud another for enacting legislation they disagree with.

I hope the Supreme Court rules tomorrow but from what I understand this is the last week the court will issue rulings so we will find out one way or another this week. If it becomes legal nationwide I think we might have an earthquake as the liberal coasts will celebrate and the conservative epicenter and south will be furious causing a giant ripple in the land!
06-23-2013, 06:22 PM   #5
DustyKat
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Same sex marriage is forbidden under Federal law as the marriage act was amended by the sitting conservative government in 2004 to state marriage is a union between and man and woman. The ACT and Queensland do have civil unions.

Australia is odd indeed because in 2008 the Australian Parliament then...

passed laws that recognised same-sex couples in federal law, offering them the same rights as unmarried heterosexual couples in areas such as taxation, social security and health, aged care and employment. This means that same-sex couples who can prove they are in a de facto relationship have most of the rights of married couples since 1 July 2009. Nevertheless, despite equality of rights, Australia does not have a national registered partnership or civil union scheme.

...it is only a matter of time, and I think that time is soon coming, that the law will change here. The congratulating of the NZ decision harks back to what I was saying about the the conscience vote, the conservatives voted as a block and with a hung Parliament there was no way the bill would pass. It looks very likely the conservatives will win convincingly in the September election but the pressure on the leader of the opposition party is increasing daily to allow his members to vote as individuals on the matter. If that happens I do believe the bill will pass when it is next presented.

Dusty. xxx
06-26-2013, 09:47 AM   #6
LindaS
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Well, SCOTUS decided that the Defense of Marriage Act is void, so anyone who gets legally married in a state that allows gay marriage can get the federal protections and benefits other married couples get. But they decided they have no jurisdiction in the California case. So that basically states that the trial judge's decision which struck down prop 8 stands, but it doesn't entitle all Americans to same sex marriage. It is as if they went 3/4 of the way and stopped. But it is still a better outcome than it could have been.

It also should affect immigration for legally married same sex partners. So if an American marries a Canadian in Canada, where same sex marriage is legal, it should grant that Canadian residency in the US, even if the state where they live doesn't allow same sex marriage.
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06-26-2013, 10:25 AM   #7
nogutsnoglory
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It's a really great and historic day for equal rights. The overturn of DOMA will be a huge help to my friends who are married and they won't be penalized when it comes to taxes and other financial and legal issues. I also know some who were battling to get their partners to be able to immigrate and it's wonderful that this ruling settles that issue for those in states where gay marriage is legal.

I wish the Prop 8 case would have resulted in the sweeping decision for gay marriage nationwide but nobody really expected that. It's great that marriage equality will resume in California.

These are huge steps forward for equality but there is still a lot of work to be done to ensure all Americans can marry the person they love. I'm sure that this issue will be back before the court in a few years.
06-27-2013, 02:26 PM   #8
LindaS
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In a discussion on Facebook with some friends, some GLBT and some straight, we were discussing how long it would take before marriage equality was the law of the land, and whether it will be state by state or something that goes before the US Supreme Court. I honestly believe it will be a little of both. I think there will be more states where they legalize gay marriage. But I think there will be a case that the US Supreme Court will hear that will make it legal all over the US. It might be a military family who when one spouse discharges, they are in a state where they don't allow same sex marriage. Or it could be a case where the couple lives in a state with marriage equality but one spouse is hurt in another state, and it will involve hospital visitation. I don't know what it is. But as of now, this patchwork is infeasable. There is a reason that a heterosexual marriage in one state is valid in all states. Even if the original marriage wouldn't have been valid in other states.

For example, in some states, you can marry your first cousin, but most states don't allow this. However, if you marry your first cousin in one state and move to another, your marriage is still valid there.

I give it another 10 years at most before all states are required to honor same sex marriages.
06-30-2013, 08:02 PM   #9
Ihurt
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It will be a great day when there will finally be equality when it comes to same sex marriage. I mean I myself am not gay, I am married to a wonderful man that I love to death. Though I see NO reason why a man cannot marry a man and woman cannot marry a woman. I HATE when they keep saying marriage can only happen between a man and a woman, and that it has been this way from day one. Well guess what, times have changed and maybe whoever made the rule that marriage was only suppose to be between a man and a woman was WRONG! I mean look how far we have come when it comes to racism. Back in the day it was considered an injustice to see a white married to a black person. Well today it is normal, the way it should be. We are all people, we are all made of flesh and blood and we all should love each other. In my heart I truly believe when we die, there is no such thing as man and woman. We are all one of the same thing. We are all Gods children no matter what. I have a couple friends who are gay and would love to be able to be married to their partners. There should be equality is all things in my opinion. It will be a great day here on earth when there is no longer racism and people can love and be with who they want without opposition. That day will come eventually. Not sure if I will be around to see it, I hope so though. When will people ever wake up and see that in life all should be equal. We should all be treated with respect and dignity and have the same benefits regardless of our gender, race or beliefs.
06-30-2013, 08:22 PM   #10
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I'm pretty impressed with how fast it's come this far. I grew up in Washington State - a supposedly progressive state, but it was a very anti-gay culture. No one ever dared come out at my school! Their lives would have been hell, if they had.

I'm happy gay people are starting to be treated like humans. Amazing.

Of course I blame religious bigotry for the delay.
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07-01-2013, 10:05 AM   #11
mccindy
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I know my son was elated when the SCOTUS ruling went through. It is exciting to see the changes being made here in our time. It is similar to back when black/white marriages were illegal. Now most people don't think anything of mixed race relationships and I hope the day will soon come when people will say "remember when...."

My son put on his facebook a meme that said "I'm the rainbow sheep in my family!" I had to laugh. I'm happy that he's a gay man in a time when acceptance is growing and the young generation is supportive. The future looks very bright for him and all homosexuals!
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