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 NY passes marriage equality 
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Post NY passes marriage equality
ibtimes.com wrote:
New York Same Sex Marriage: What the New Law Does and Does Not Do

By Jeremy B. White | June 28, 2011 9:07 AM EDT

Weary state senators have returned home, the scenes of ebullient same-sex couples thronging the streets in Greenwich Village have subsided into memory, and New York City is sweeping up the detritus of a Gay Pride parade charged with historical meaning.

In the wake of New York becoming the sixth and largest state to legalize same sex marriage, couples face a practical question: what does this law do?

It does not grant gay couples the same status as other married couples -- a federal law prohibiting same-sex marriage blocks many benefits, protections for religious organizations leave open the possibility of legally sanctioned discrimination and couples not from New York will need to contend with a patchwork of laws that vary from state to state. But the legislation confers a range of privileges, from inheritance to sharing a spouse's health care or pension to procedures for dividing assets and custody after a divorce, that allow same-sex couples the rights of marriage.

"Marriage is really a set of default rules between the couple, so it helps order what happens if someone gets sick, if someone dies, if you have dissolution," said Brad Sears, Executive Director of the University of California, Los Angeles' Williams Institute on Sexual Orientation Law.

"There's a set of rules and policies you follow, there's a way to distribute income, there's a right to take care of each other."

The legal ramifications of marriage do not always translate into a direct benefit for both partners, Sears noted. He cited government programs for low-income populations that a person might no longer be eligible for once their spouse's income is considered. But that reflects the deeper commitment marriage both entails and enables, Sears said.

"I think it demonstrates that when people get married, among the obligations is that you're supposed to take care of each other's basic needs," he said.

Because New York does not have a residency requirement, it will likely become a destination for same-sex couples wishing to marry. But the extent to which those marriages are recognized in other states depends partly on state law -- some states allow domestic partnerships, while others do not recognize any form of same-sex union -- and partly on the type of right. If a married couple gets into a car accident in a state that does not recognize same-sex marriage, there is a fair chance a spouse would get hospital visitation rights. The same is not true of tax benefits.

A central point of contention holding back the bill's passage was whether religious organizations could deny same-sex couples services without fear of legal repercussions. The legislation ultimately included exemptions not just for clergy refusing to perform marriage ceremonies, but for services provided by any type of religious organization.

Sarah Warbelow, state legislative director for the Human Rights Campaign, said that the provision would allow some forms of discrimination, such as denying access to church-related day-care services, but should not prevent same-sex couples from seeking to adopt children through religiously affiliated organizations.

"We're going to have to see how this plays out in the courts to some extent," Warbelow said. "We feel fairly confident that this will not affect adoption rights. There are very clear laws predating this bill and this bill does not address adoption explicitly in any way."

The Defense of Marriage Act (DOMA) will continue to bar same-sex couples from receiving federal benefits -- 1,138 of them, according to Human Rights Campaign -- that include Medicaid and Social Security benefits. Immigration law prioritizes family unification, granting permanent residence status to an immigrant who marries a citizen -- but not if they are the same sex.

President Obama dealt DOMA a blow when he instructed the Justice Department to cease defending the law in court, but the federal ban on same-sex marriage remains the law of the land. That means the push for marriage equality will continue to proceed on a state-by-state basis.

Suzanne Goldberg, Director of Columbia Law School's Center for Gender and Sexuality, said that New York's law could provide fresh momentum.

"New York's marriage law will reverberate around the country in a different way politically," Goldberg said. "There's a certain moral and political force that comes with New York granting marriage equality after such a tough fight here, simply because New York is such a large and influential state."

http://www.ibtimes.com/articles/170610/ ... rriage.htm


Congrats to NY! Way to lead, now let's see how long it takes for the rest of the Country to follow suit

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June 28th, 2011, 9:44 am
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Post Re: NY passes marriage equality
Maybe one day they can all do the right thing and just have the gov't not get in the business of deciding who and who cannot get married in the first place.

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June 28th, 2011, 9:45 am
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Post Re: NY passes marriage equality
steensn wrote:
Maybe one day they can all do the right thing and just have the gov't not get in the business of deciding who and who cannot get married in the first place.


Then who?

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June 28th, 2011, 10:23 am
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Post Re: NY passes marriage equality
However wants to call their 2 or more relationsip a marraige could just call it that... no gov't interference...

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June 28th, 2011, 10:27 am
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Post Re: NY passes marriage equality
Will never happen.. Too many Christian congressmen.


June 28th, 2011, 10:32 am
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Post Re: NY passes marriage equality
It should just be called a union across the board for federal benefits and visitation rights in hospitals. Marriage itself is a religious ceremony, so the government shouldn't interfere. The constitution doesn't give the government the right to manage marriage or religion, so it shouldn't have gotten involved in the first place.

It's another race card for the dems to throw around. Just an excuse to call anyone who disagrees a bigot.


June 28th, 2011, 10:33 am
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Post Re: NY passes marriage equality
njroar wrote:
It should just be called a union across the board for federal benefits and visitation rights in hospitals. Marriage itself is a religious ceremony, so the government shouldn't interfere. The constitution doesn't give the government the right to manage marriage or religion, so it shouldn't have gotten involved in the first place.

It's another race card for the dems to throw around. Just an excuse to call anyone who disagrees a bigot.


Bingo...

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June 28th, 2011, 10:35 am
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Post Re: NY passes marriage equality
steensn wrote:
njroar wrote:
It should just be called a union across the board for federal benefits and visitation rights in hospitals. Marriage itself is a religious ceremony, so the government shouldn't interfere. The constitution doesn't give the government the right to manage marriage or religion, so it shouldn't have gotten involved in the first place.

It's another race card for the dems to throw around. Just an excuse to call anyone who disagrees a bigot.


Bingo...


+1

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June 28th, 2011, 11:21 am
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Post Re: NY passes marriage equality
njroar wrote:
It should just be called a union across the board for federal benefits and visitation rights in hospitals. Marriage itself is a religious ceremony, so the government shouldn't interfere. The constitution doesn't give the government the right to manage marriage or religion, so it shouldn't have gotten involved in the first place.

It's another race card for the dems to throw around. Just an excuse to call anyone who disagrees a bigot.

Agreed, but until then I think what NY has done would work elsewhere.

Pretty much this:
http://www.youtube.com/watch?v=40BwmE1eoTM

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June 28th, 2011, 3:01 pm
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Post Re: NY passes marriage equality
Being married is a legal state that confers rights, and historically in some cases (e.g. common law marriage) hasn't even required a ceremony of any sort - religious, or not. Marriage is certainly not a religious term. It might be one that religions USE ... but in itself is not a religious term.


June 28th, 2011, 3:41 pm
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Post Re: NY passes marriage equality
I.E. wrote:
Being married is a legal state that confers rights, and historically in some cases (e.g. common law marriage) hasn't even required a ceremony of any sort - religious, or not. Marriage is certainly not a religious term. It might be one that religions USE ... but in itself is not a religious term.


BS, it is a religious term that was adopted by a religious state that later broke off and created an open religion based state. At best you can claim that it has been so long that it's time to consider it not a religious thing anymore. You cannot contradict history, it is clear. This is at best for your point a situation where a term has drifted so far from it's original usage that it we should just note it as a change.

I feel this would be bad and set a terrible precident, but at least be honest about it.

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June 28th, 2011, 4:34 pm
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Post Re: NY passes marriage equality
TheRealWags wrote:
njroar wrote:
It should just be called a union across the board for federal benefits and visitation rights in hospitals. Marriage itself is a religious ceremony, so the government shouldn't interfere. The constitution doesn't give the government the right to manage marriage or religion, so it shouldn't have gotten involved in the first place.

It's another race card for the dems to throw around. Just an excuse to call anyone who disagrees a bigot.

Agreed, but until then I think what NY has done would work elsewhere.

Pretty much this:
http://www.youtube.com/watch?v=40BwmE1eoTM


It set's a bad precident. Everyone blames the religious right, but I don't see the gay community coming up to the plate being reasonable. They could probably better win their fight by nullifying the rights given to heterosexual couples than trying to make a already bad overreach of power worse. Both sides are to blame...

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June 28th, 2011, 4:36 pm
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Post Re: NY passes marriage equality
NJ has had civil unions forever yet didn't have to legalize marriage. Many, not all, just want to desecrate anything religious and throw it in their face. The Federal government just needs to say all rights go across the board with civil unions, and have it both ways and say marriage is classified as between man and a woman. If they get the rights, then why bother using the term. Unless they want the 50% divorce rate as well.


June 28th, 2011, 4:40 pm
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Post Re: NY passes marriage equality
steensn wrote:
TheRealWags wrote:
njroar wrote:
It should just be called a union across the board for federal benefits and visitation rights in hospitals. Marriage itself is a religious ceremony, so the government shouldn't interfere. The constitution doesn't give the government the right to manage marriage or religion, so it shouldn't have gotten involved in the first place.

It's another race card for the dems to throw around. Just an excuse to call anyone who disagrees a bigot.

Agreed, but until then I think what NY has done would work elsewhere.

Pretty much this:
http://www.youtube.com/watch?v=40BwmE1eoTM


It set's a bad precident. Everyone blames the religious right, but I don't see the gay community coming up to the plate being reasonable. They could probably better win their fight by nullifying the rights given to heterosexual couples than trying to make a already bad overreach of power worse. Both sides are to blame...

Huh???
Ron Paul basically says the Govt has no business being in the marriage business AT ALL and that it should be a State's right issue (as to who can and can't "marry"). Now, where did you get this "religious right" stuff???
**Are you at home 'sniffin' you're neighbor's stash again? :confused: ***

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June 28th, 2011, 4:40 pm
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Post Re: NY passes marriage equality
I can't watch the video... youtube is blocked at work (so clearly no contact buzz for me)... I was commenting only on your comment. Sorry for not being clear.

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June 28th, 2011, 4:42 pm
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