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Kay/NC
Honored Advisor

Supremes on same sex marriage?

News reports this morning say a decision on same sex marriage is expected today, from the Supreme Court. Anyone watching this one with much interest? I admit I have been too distracted to follow such issues closely lately....
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31 Replies
turkey feather
Senior Contributor

Re: Supremes on same sex marriage?

I had not seen or heard much about it either until last night and this morning. Maybe they were keeping it down or the decision could have just came up? Very disturbing for the future of our country if it goes as I think it will.

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Kay/NC
Honored Advisor

Re: Supremes on same sex marriage?

Looks like the Justices came down more on the side of gay rights. Not really surprising, I suppose.
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Re: Supremes on same sex marriage?

What is marriage?

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Kay/NC
Honored Advisor

Re: Supremes on same sex marriage?

Jim, this may be an overly simplistic answer, but the older I get, i am about ready to allow that between two consenting adults, who am I to say?

I have known whole groups of " swinger" couples in our county back home; people who have affairs that aren't as organized as that; people who obviously despise each other, but will not give up ; and people whose love for each other which I openly admire, and everything on the spectrum in between those extremes.

This boils down in its final analysis to a states' rights issue...each state normally defining its own legally-allowed unions recognized as marriage. Beyond that, it reaches into the religious sanctions of marriage...one area where church and state intersect in an interesting way, with religious figures like priests and preachers performing the ceremony, ending in a state-accepted union.

I guess we could look back to prohibitions of traditions like plural marriage for some precedents. I honestly think that one will be next on the list of cases....
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linda/IL
Senior Contributor

Re: Supremes on same sex marriage?

Listened to a Christian radio commentary in the car on just that subject. He said this will open the door for the Mormans polygamy.
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Kay/NC
Honored Advisor

Re: Supremes on same sex marriage?

It isn't just Mormons anymore. If I am not mistaken, Islam allows polygamy, too. We have a freedom of religion ( actually, I was taught it was freedom from an official state religion) government philosophy. Still, we stood firm on a Judeo-Christian definition of marriage.

As my old Sunday school Senior Hogh class teacher said every Sunday, "This is a changing world...we are living in changing times. ".
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Husker-J
Senior Contributor

Re: Supremes on same sex marriage?

It is my understanding, that the women in this case were married in Canada, where same-sex marriage was legal (quite some years ago) and one passed away.   The other sued over taxes owed in the estate, claiming spouses get the estate tax-free, arguing that their marriage should be considered legal, because it was a legal ceremony, when and where it was performed.

And yes, if that is the case, it opens the door, to 'legal' marriages from other countries where one marries several women, or even their own sister.

One thought, on marriage being between any 'two consenting adults'.   If that becomes law, what would prevent a widowed grandmother or grandfather from 'marrying' their adult grandchild?   Then, their entire farm/estate/fortune can go on to the next generation tax-free, and in many cases, the grandchild would even get widow/widower benefits, on top of it?   Beware the unintended consequences of this.

On the other hand, I hold the personal view that the Constitution does not give the Federal government jurisdiction over marriage, so it falls to the individual States over how they define 'marriage', but I also see the need for a 'civil union' of some sort, to provide equal protection, under the Constitution.

 

As for the decision in California, I strongly disagree with it.   Basically the Supreme Court made a non-decision, claiming that individual people, or a group of people, cannot argue the constitutionality of a ballot initiative, that only the 'government' can make that argument in front of the court.   I disagree with that, because it leaves open the door for a corrupt government to ignore any ballot inititive it disagrees with, simply by refusing to argue the case in court.

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Kay/NC
Honored Advisor

Re: Supremes on same sex marriage?

I haven't really followed either case; but, having "standing" to bring a case forward for. Decision is a crucial element in our legal system. For example, my crooked building contractor who built this farm's hog facilities sued me under a corporate entity, which was not " him".

Due to a technicality that I discovered, after asking a paralegal in a court proceeding involving him in another state with another sucker who had hired him, I got his suit against us dismissed on a Motion for Summary Judgment. It mostly dealt with lacking standing, and the limits of his license.

He sued us as his corporation, to,protect his personal assets if we got a claim decided against him. His problem was...his license was not in his corporate name, but his own. The corporation thus had no " standing" to get anything we refused to pay him, which amounted to the last $80.000 and his inflated legal fees and 18% interest over a couple of years....all told, $150,000 in 1994 bucks.

That lawyer was so proud of me for figuring out the defense in the suit, instead of it dragging it out with dueling expert witnesses, we got done for $3000 in legal fees, instead of tens of thousands.

If not for the principle of proper standing, anyone could sue virtually anyone ( we only THINK it is this bad now), with some expectation of recovery of a claim, however invalid. Opening the door for any group, however well-intentioned or deranged - to reverse the will of the majority of voters, would reap chaos. I agree with this decision on those grounds alone.

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dairy mom
Senior Contributor

Re: Supremes on same sex marriage?

A radical and simple end to all this "marriage" stuff if it is about taxes would be to make it so your marriage status has absolutely no bearing on your tax situation either positive or negative.

What an over haul of the tax code that would be!

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