Msg. 13867 of 54959 (This msg. is a reply to
13864 by
DigSpace)
Jump:
Hi digs,
2. DOMA. States decide who is and is not married, the fed cannot then disregard some state decisions and honor others. If MA says a gay couple is married, then they are married for fed purposes, the fed cannot impose its will on members of that state.
Problem, when a MA gay couple decide to retire to Florida, they would NOT be afforded the same laws they had in MA.
Taxes, social security, medical insurance, etc, they would be bound to the state laws where they 'currently reside.'
Its a good start, but more will need to be done to make them equal under the law, regardless of the state.
1. Voting rights act. In order for the federal government to interfere in state matters and subject only specific jurisdictions to federal review the fed must show cause, and updating a map once a century doesn't clear the bar for cause.
2. DOMA. States decide who is and is not married, the fed cannot then disregard some state decisions and honor others. If MA says a gay couple is married, then they are married for fed purposes, the fed cannot impose its will on members of that state.
3. Prop 8. The state of CA voted, then State courts ruled. The federal courts intervened. SCOTUS said federal courts do not have standing in the matter. As it happens the State courts overruled the ballot, but it is a is a state matter.
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