General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIn 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 youre a same-sex couple married under state law, youre 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 years hindsight, its 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:
- Weve 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
merrily
(45,251 posts)The OP article says:
After United States v. Windsor, if youre a same-sex couple married under state law, youre 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?
William769
(55,148 posts)That you are quoting.
merrily
(45,251 posts)you didn't understand my post, so I don't know what else to say.
William769
(55,148 posts)if youre a same-sex couple married under state law, youre 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)Also understood how what you posted, which is what I posted, is broader than the language from the OP that I quoted.
William769
(55,148 posts)Have fun in your own little world.
merrily
(45,251 posts)closeupready
(29,503 posts)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)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)closeupready
(29,503 posts)merrily
(45,251 posts)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.
greatauntoftriplets
(175,754 posts)More great news!
William769
(55,148 posts)Or are wishing that it is not happening.
But hey! They are not going to rain on our parade.
greatauntoftriplets
(175,754 posts)William769
(55,148 posts)greatauntoftriplets
(175,754 posts)William769
(55,148 posts)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.
greatauntoftriplets
(175,754 posts)merrily
(45,251 posts)Then again, I didn't why you felt compelled to be snotty.
merrily
(45,251 posts)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.
xchrom
(108,903 posts)closeupready
(29,503 posts)So many states have either reversed course or are covered under these rulings, that I can't keep up, lol.