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William769

(55,148 posts)
Thu Jun 26, 2014, 08:54 AM Jun 2014

In the Wake of Windsor **One year anniversary**



A year ago today Edie Windsor won her landmark case in the Supreme Court and took down the core of the federal Defense of Marriage Act. The American Civil Liberties Union and I were proud to be among her lawyers.

After United States v. Windsor, if you’re a same-sex couple married under state law, you’re married for federal program purposes too. That opened over 1,000 federal protections to married gay couples, including everything from health care benefits to tax breaks to green cards for a spouse.

But with a year’s hindsight, it’s clear that Windsor signaled more than just the end of DOMA, it also propelled us on an accelerated journey toward the freedom to marry nationwide.

In just the last year, Windsor has helped create incredible momentum for the freedom to marry:

- We’ve won six new marriage states since June 2013, bringing us to 19 states plus Washington, D.C., where gay couples can marry.

http://www.advocate.com/commentary/2014/06/26/op-ed-wake-windsor
23 replies = new reply since forum marked as read
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In the Wake of Windsor **One year anniversary** (Original Post) William769 Jun 2014 OP
Almost, but not quite. merrily Jun 2014 #1
I don't understand what is wrong with what the article said. William769 Jun 2014 #2
The article's description of the holding is broader than the actual holding. I am not sure why merrily Jun 2014 #3
How is it broader? William769 Jun 2014 #4
I don't have a problem. I understood my post perfectly. merrily Jun 2014 #5
Yes your post but not what is actually happening. William769 Jun 2014 #6
Thanks. I almost always do. merrily Jun 2014 #7
If you get married, for example, in New York state, and then closeupready Jun 2014 #17
..... merrily Jun 2014 #18
And now I posted the same reply twice. I need coffee. Self delete. merrily Jun 2014 #19
Oh I see. Thanks for the detail, I wasn't aware of much of it. closeupready Jun 2014 #20
You're welcome. I actually waded through merrily Jun 2014 #21
As the dominos fall, it's becoming evident that this is indeed the case. greatauntoftriplets Jun 2014 #8
To bad some people don't understand what's happening. William769 Jun 2014 #9
Hard to figure why. But there it is! greatauntoftriplets Jun 2014 #10
There it is indeed! William769 Jun 2014 #11
The rulings also uphold Illinois' marriage equality law that took full effect June 1. greatauntoftriplets Jun 2014 #13
Yes. William769 Jun 2014 #14
It certainly is! greatauntoftriplets Jun 2014 #15
Don't know why you are making such a crappy implication. merrily Jun 2014 #22
Knocking down state laws that prohibit gay marriage is a separate issue from the merrily Jun 2014 #23
du rec. xchrom Jun 2014 #12
Which states remain where an explicity prohibition still stands? closeupready Jun 2014 #16

merrily

(45,251 posts)
1. Almost, but not quite.
Thu Jun 26, 2014, 09:14 AM
Jun 2014

The OP article says:


After United States v. Windsor, if you’re a same-sex couple married under state law, you’re married for federal program purposes too.


The actual holding of Windsor, though, was that the feds have to recognize a marriage that the relevant state recognizes. So, if you live in a state that does not recognize your marriage, Windsor does not help you.

Kennedy went out of his way, I thought, to put language into the case that would help gays generally. However, only the holding is binding precedent. Nonetheless, it is true that the dominoes are falling. How many millennia did it take?

merrily

(45,251 posts)
3. The article's description of the holding is broader than the actual holding. I am not sure why
Thu Jun 26, 2014, 09:25 AM
Jun 2014

you didn't understand my post, so I don't know what else to say.

William769

(55,148 posts)
4. How is it broader?
Thu Jun 26, 2014, 09:31 AM
Jun 2014

if you’re a same-sex couple married under state law, you’re married for federal program purposes too. The feds have even said that if you move to a State that does not recognize your marriage but were legally married in a place that does, the Feds will honor that.

I don't know what your problem is, so I don't know what else to say.

merrily

(45,251 posts)
5. I don't have a problem. I understood my post perfectly.
Thu Jun 26, 2014, 09:33 AM
Jun 2014

Also understood how what you posted, which is what I posted, is broader than the language from the OP that I quoted.

 

closeupready

(29,503 posts)
17. If you get married, for example, in New York state, and then
Thu Jun 26, 2014, 10:32 AM
Jun 2014

go home to your state which does NOT recognize SSM, then (you are saying) you will not (for example) be eligible for social security survivor benefits if your spouse dies?

I think that's incorrect.

merrily

(45,251 posts)
18. .....
Thu Jun 26, 2014, 11:23 AM
Jun 2014

Sorry, I was parenting a thread in LBN that I started and posting this there by mistake. (People were nice enough to ignore it, and I just noticed. Anyway, here is my reply.

Probably, but I cannot say for certain. I will elaborate:

In the Windsor case, the couple first got married in Canada. They re-married in NY, and IIRC, NY is where the decedent died and where estate was being administered. If they hadn't remarried there, I don't know how the case would have come out. Ditto if the estate were being administered in Oklahoma. (A large estate, I might add. The case was about estate taxes.) Full faith and credit would probably apply, but I don't think the SCOTUS has decided the ffc issue yet, as it relates to marriage. Some homophobic states are refusing to grant divorces to same gender couples married in other states.

Given that the marriage was in NY and the estate was being administered in NY, I don't know for sure how the case would have come out under different scenarios. The holding of a case is usually strictly limited to the facts of the case. As I said, though, Kennedy seemed to me to have given making his wording as broad as possible his best shot.

merrily

(45,251 posts)
21. You're welcome. I actually waded through
Thu Jun 26, 2014, 11:33 AM
Jun 2014

that case a few months ago. (I hope my recollection is correct about New York and New York.) I was interested and wanted to see for myself. Reading it was no picnic, but wading through the FCC internet neutrality was a bear.

William769

(55,148 posts)
9. To bad some people don't understand what's happening.
Thu Jun 26, 2014, 09:46 AM
Jun 2014

Or are wishing that it is not happening.

But hey! They are not going to rain on our parade.

William769

(55,148 posts)
14. Yes.
Thu Jun 26, 2014, 10:02 AM
Jun 2014

Look what happened in Colorado yesterday and ST. LOUIS, Mo this morning. Not to mention what happened yesterday Or the past 11 months!

The march for equality is going strong.

merrily

(45,251 posts)
22. Don't know why you are making such a crappy implication.
Thu Jun 26, 2014, 11:36 AM
Jun 2014

Then again, I didn't why you felt compelled to be snotty.

merrily

(45,251 posts)
23. Knocking down state laws that prohibit gay marriage is a separate issue from the
Thu Jun 26, 2014, 11:40 AM
Jun 2014

Windsor case, which applied only if a state already allows gay marriage.

Kennedy's broad language in the Windsor case, which I mentioned upthread, probably helped. However, if the Windsor case had been broad enough to say that state laws prohibiting gay marriage are unconstitutional, we would not be seeing dominoes fall one or a few at a time. They would have all fallen last year.

 

closeupready

(29,503 posts)
16. Which states remain where an explicity prohibition still stands?
Thu Jun 26, 2014, 10:27 AM
Jun 2014

So many states have either reversed course or are covered under these rulings, that I can't keep up, lol.

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