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This is the reality re: gay marriage

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CTLawGuy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-11-07 06:44 AM
Original message
This is the reality re: gay marriage
Edited on Sat Aug-11-07 06:48 AM by darboy
"The federal Defense of Marriage Act (DOMA) defines marriage as a legal union between one man and one woman for purposes of all federal laws, and provides that states need not recognize a marriage from another state if it is between persons of the same sex. Forty states have their own Defense of Marriage Acts (DOMAs)."

http://www.domawatch.org/index.php
______________________________________

This is the one law that is keeping a MA gay marriage the same as a VT civil union. I think it is important to ask the candidates where they stand on repealing this horrible law, which i might add, was signed by the husband of a certain presidential candidate. Not his finest hour.

On edit: I apologize for linking to what is apparently a pro-DOMA site. I didn't think that a site called domaWATCH would be in favor of the law.
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baldguy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-11-07 06:54 AM
Response to Original message
1. Art IV of the Constitution makes DOMA unconstitutional
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
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CTLawGuy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-11-07 06:55 AM
Response to Reply #1
2. I wonder why in 11 years that issue has not been decided?
NT
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glowing Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-11-07 08:05 AM
Response to Original message
3. Here's the thing..... And I would encourage you to try this if you so
desire...

Write an intent to marry or live as a union and present this to the licensing office. When you go to the licensing office, you are requesting the state give you permission to enter into a lawful and binding CORPORATE entity.

If you go backwards and tell the state that you intend on living married and all that it entails, they have no choice but to file it as married persons. Asking a state for permission to love is about as stupid as asking permission to breathe.

Now, I beleive that some people have figured this out and want to require a law that defines unions in order to stop that, but if you don't ask permission...I don't think that the state can deny to file... if they do, then it would have to go to court decision. But I think the court is bound by your rights to observe the union as you wish it to be conceived. I would love for some people to start trying this and see where it goes. I'm already married and naively asked permission from the state to marry... If I ever do it again (hopefully I won't), I will do it this way.

Anyhow, good luck in trying. It would be awesome if a lot of people hetero/ homosexual couples did this everywhere.
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Nicholas D Wolfwood Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-11-07 08:39 AM
Response to Original message
4. Congress repeals laws - not Presidents.
Sure, they have influence, but not nearly enough for this kind of an issue.
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Mutineer Donating Member (659 posts) Send PM | Profile | Ignore Sat Aug-11-07 08:44 AM
Response to Original message
5. Exactly.
There's a limit to what a president can do on this issue.
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CTLawGuy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-12-07 08:33 AM
Response to Reply #5
7. yeah he/she can sign the repeal that congress passes
or he/she can veto it.
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Mutineer Donating Member (659 posts) Send PM | Profile | Ignore Sat Aug-11-07 08:44 AM
Response to Original message
6. Exactly.
There's a limit to what a president can do on this issue.
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