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-   -   Anyone being affected by Proposition 8? (http://cellar.org/showthread.php?t=18704)

Spexxvet 02-08-2012 12:08 PM

Quote:

Originally Posted by Lamplighter (Post 793804)
...reversed polygamy where those 40 women have multiple husbands.
Don't laugh, supposedly the latter happened in isolated Eskimo families
...

I can see where this is unlikely in a society where men hold all the wealth and power. While I believe that, in our society, most wealth and power remains with men, the emergence of "cougars" may indicate that multiple husbands for women is not such a stretch these days.

infinite monkey 02-08-2012 12:09 PM

All bathrooms will be outfitted with yellow carpeting.

Clodfobble 02-08-2012 12:56 PM

I think in a culture of modern women such as we live in today, the risk of voluntary polygamy suddenly taking a significant hold in society is low. If polygamy were made legal today, I don't see much changing.

The real risk, in my mind, is abusing the polygamist "marriage contract" for corporate business means. Say a group of men want to form a company, but they want, for example, not to have to testify against each other if the company is ever sued, just as a wife has the right not to have to testify against her husband. So they all polygamist gay marry each other on paper.

I think you could successfully allow for gay marriage, while still outlawing polygamy on the argument that it would promote conspiracy and fraud.

Spexxvet 02-08-2012 12:59 PM

Gay polygamy! The old boy network on steroids.

glatt 02-08-2012 01:05 PM

Quote:

Originally Posted by Clodfobble (Post 793817)
The real risk, in my mind, is abusing the polygamist "marriage contract" for corporate business means.

Interesting! That hadn't occurred to me.

ZenGum 02-08-2012 06:55 PM

Well, abolish the right of a spouse to not testify against their spouse(s). That is an old fashioned and sexist rule anyway.

Happy Monkey 02-08-2012 07:12 PM

Sexist how? It's a two-way street.

ZenGum 02-08-2012 07:26 PM

It is now, but when it was introduced it was with the idea that the man would be doing everything and the woman merely an assistant at best.

richlevy 02-08-2012 07:42 PM

Found this on Facebook. One of the arguments against polygamy is that some families ended up on public assistance. In a modern economy, it's not as easy to have a homebound labor pool as it is on a farm.

http://a8.sphotos.ak.fbcdn.net/hphot...13942464_n.jpg

Happy Monkey 02-08-2012 10:14 PM

Quote:

Originally Posted by ZenGum (Post 793929)
It is now, but when it was introduced it was with the idea that the man would be doing everything and the woman merely an assistant at best.

I'm not sure how that is relevant to spousal priviledge. It's about who can be called to testify, and by whom; not about the extent of their involvement in the crime.

It's there to avoid putting someone in the position of having to choose between condemning their spouse and perjuring themselves.

Lamplighter 02-08-2012 10:59 PM

Another state steps up in the district of the 9th Federal Court of Appeals

Reuters
Nicole Neroulias
2/8/12
Gay marriage wins final legislative approval in Washington state
Quote:

(Reuters) - A bill to legalize gay marriage in Washington state won final legislative approval
on Wednesday in a largely party-line vote that moved the state to the cusp of becoming the seventh
in the nation to recognize same-sex nuptials.

Washington's Democratic Governor Christine Gregoire said she looked forward to signing the measure
and "putting into law an end to an era of discrimination" even as opponents,
led by religious conservatives, vowed to seek its repeal at the polls in November.

ZenGum 02-08-2012 11:49 PM

HM ...

Okay. drop the sexist. Maybe even the outdated.

I think it is wrong. Why is there no parental priviledge? Sibling? Avuncular? Why should someone get away with a crime just because the main witness is their spouse?

Happy Monkey 02-09-2012 11:01 AM

I won't argue that. Probably something to do with "the sanctity of marriage".

Though my guess is there's a de facto family priviledge to some extent, as the danger of perjury, and the potential bad taste left in jurors mouths from forcing a parent to testify, may discourage prosecutors from doing so in many cases.

glatt 02-09-2012 11:23 AM

The spousal privilege only applies if both the defendant and their spouse want to keep the secret. If a wife wants to testify against her husband, she can, and there is nothing the husband can do to prevent it. Compare that to the privilege between an attorney and their client. The attorney can virtually never testify against their client, even if they want to.

BigV 02-09-2012 01:08 PM

meaning they can't be *compelled* to testify against their spouse.

Lamplighter 02-13-2012 03:13 PM

It's now official in Washington State... Next is New Jersey :rolleyes:

MSNBC
2/13/12

Quote:

OLYMPIA, Wash. -- Gov. Chris Gregoire has signed into law a bill that legalizes
gay marriage in Washington state, making it the nation's seventh to allow gay and lesbian couples to wed.
It's a historic moment, but same-sex couples can't walk down the aisle just yet.
The law takes effect June 7, but opponents are already mounting challenges on multiple fronts.<snip>

------------

In New Jersey on Monday, the state Senate passed a bill that
would allow nuptials for same-sex couples.
Gov. Chris Christie has said he will veto such legislation.
The Senate's vote sends the bill to the Assembly,
which is expected to pass it Thursday.<snip>

The governor has said he does not believe marriage laws should be changed,
but he does support New Jersey's civil union law,
which grants gay couples the legal protections of marriage.
Christie said he wants to put a change in the definition of marriage to a public vote.

But gay rights groups oppose a referendum.
They see gay marriage as a civil rights matter and argue that it should not
be up to the masses to protect the rights of a minority group.

Five years ago, New Jersey's state Supreme Court ruled that gay couples should have
the same rights as married heterosexual couples. In response, the Legislature created civil unions.

Gay rights advocates say that because the civil union designation is hard to understand
and still treats committed gays differently from married couples,
the courts should eliminate civil unions and recognize gay marriage.

A lawsuit seeking to do that is in the state court system.

ZenGum 02-13-2012 06:47 PM

Are heteros allowed to have civil unions too? When they brought in civil unions in France, something like a third of hetero couples went the civil union path and cut the church out altogether.

Aliantha 02-13-2012 06:53 PM

I'm pretty sure civil unions for hetero couples have been common in the US just as they have been in Australia, for quite a long time. At least since the 60's.

Ibby 02-13-2012 07:39 PM

The issue is that civil unions generally don't afford ALL the benefits of marriage and legally is in a separate category. On top of that, and on top of the longstanding (and constitutional!) problem with "separate but equal", the federal Defense Of Marriage Act prevents civil unions OR gay marriages from "counting" at the federal level. I assume that civil unions are available to everyone regardless of gender, but there is no advantage to civil unions over marriage, and quite a host of drawbacks. I'm sure it's not common, but it happens.

classicman 02-13-2012 07:52 PM

I believe whether the benefits are the same depends upon the state.
In VT, for example, they are the same. However those Civil Unions in VT may or may not be recognized in other states.

ETA ... thats not entirely true... read this. I can't paste it because its a pdf.

Sundae 02-14-2012 05:06 AM

Civil Unions in this country are for same-sex couples only.
To start with I thought we were progressive in introducing them at all. And certainly the gay press seemed to have that opinion.

After a few years now I am of the opinion that separate but equal doesn't cut it.
Civil Unions for all, with the choice of a church wedding for those who require the blessing of God.
There are churches in this country who would bless a same sex union.
I don't believe in forcing those with problems to do so - religion should be a private matter. But the unions should be equal.

Happy Monkey 02-14-2012 09:28 AM

Quote:

Originally Posted by ZenGum (Post 794910)
Are heteros allowed to have civil unions too? When they brought in civil unions in France, something like a third of hetero couples went the civil union path and cut the church out altogether.

Hetero civil unions exist in the US, and are called marriages.

classicman 02-14-2012 01:14 PM

Quote:

Originally Posted by Sundae (Post 794966)
There are churches in this country who would bless a same sex union.
I don't believe in forcing those with problems to do so - religion should be a private matter. But the unions should be equal.

Agreed.

Ibby 02-14-2012 02:27 PM

Quote:

Originally Posted by Sundae (Post 794966)
Civil Unions for all, with the choice of a church wedding for those who require the blessing of God.

This is my personal solution, too. The government shouldn't be in the business of validating religious ceremony. The civil contract legally uniting two adults, whether you call it a "civil union" or a "marriage", should be an ENTIRELY secular affair from the point of view of the government, and I think the way to do that is to not ("re")define marriage as between a man and a woman OR as between anyone, but to change the law so that the government recognizes ONLY civil unions that are the same as what are now recognized by the name of marriage.

classicman 02-14-2012 02:50 PM

Let the "religious" have the WORD "Marriage" for their religious ceremonies and let the legal term with all benefits and whatever be "Civil Union" keeping the two separate.

Next!
We have much larger issues to deal with.

glatt 02-14-2012 03:06 PM

What's the adjective you would put next to the box on forms instead of "married?"
Civil unionized? Civilized?

infinite monkey 02-14-2012 03:13 PM

Civilly unioned?

Then when you break up you are uncivilly ununioned. Nah, that sounds too much like onion.

uncivilly de-unioned?

non-civilly disenunioned?

classicman 02-14-2012 03:27 PM

Quote:

Originally Posted by infinite monkey (Post 795159)
Then when you break up you are?

FREEEEEEEEEEEE

Ibby 02-14-2012 03:30 PM

Single
Engaged
In a Civil Union
Divorced
Widowed

I don't see the issue.

Lamplighter 02-14-2012 03:40 PM

Quote:

Then when you break up you are uncivilly ununioned. Nah, that sounds too much like onion.
un-union = un-unionized = ionized

infinite monkey 02-14-2012 03:45 PM

You can't hide your ionize...

Sundae 02-14-2012 03:55 PM

Why should you have to declare yourself divorced anyway?
For all legal and tax purposes you are single once a divorce is finalised.
Why should you have to admit to a failed union?

And no, I'm not being facetious.
I'm divorced myself and have always considered it a peculiar question.

infinite monkey 02-14-2012 03:57 PM

I've actually wondered that too.

And engaged doesn't count.

Nor does pre-engaged, or engaged to be pre-engaged.

You're either in a union or you're not.

But...what about widowed?

Ibby 02-14-2012 03:59 PM

Why can't losing your civil partner be called widowed?

Sundae 02-14-2012 04:01 PM

I think Shawnee is asking - why is it necessary?
For Civil Union or Married.

Happy Monkey 02-14-2012 04:01 PM

Quote:

Originally Posted by Ibram (Post 795178)
Why can't losing your civil partner be called widowed?

Because it is a sacred institution, and gay widows would destroy traditional widowhood.

Sundae 02-14-2012 04:02 PM

Spanx

piercehawkeye45 02-14-2012 04:05 PM

Quote:

Originally Posted by Sundae (Post 794966)
Civil Unions for all, with the choice of a church wedding for those who require the blessing of God.
There are churches in this country who would bless a same sex union.
I don't believe in forcing those with problems to do so - religion should be a private matter. But the unions should be equal.

Whoa Whoa Whoa. First you secularist declare war on Christmas and now marriage?!? hehe

Sundae 02-14-2012 04:12 PM

Quite the opposite!
I'd prefer to see only regular church-goers get a blessing for their union in church. And all those who go just for a pretty location stop pretending.

The Church of England is pretty tolerant of people who attend three times in their life - Christening, Wedding and Funeral. I say good on them. But open it to all couples. So that gay church-goers have the same right of blessing as hetero unbelievers who will never come back.

ETA - I don't mean to contradict my previous statement.
I would not want any church, synagogue or mosque to be forced into a blessing. I believe progress in tolerance is inevitable and people will vote with their feet.

infinite monkey 02-14-2012 05:26 PM

Quote:

Originally Posted by Happy Monkey (Post 795181)
Because it is a sacred institution, and gay widows would destroy traditional widowhood.

Seriously. Can you imagine the widow walks on tops of old houses? They'd be converted to catwalks! They'd be FABULOUS. :p:

@Ibram...Sundae got what I meant. She was asking about having to report divorced instead of single, and I was making the tangential point of why widowed instead of single.

Clodfobble 02-16-2012 05:38 PM

For some government programs, widowed does matter, because you are given certain benefits that would have gone to your dead spouse instead. But I've seen many forms that go so far as to offer a checkbox for "Separated." WTF business is it of theirs what bed a person sleeps in, if their marriage contract is still in effect?

Lamplighter 02-16-2012 06:34 PM

Associated Press
By ANGELA DELLI SANTI

NJ Assembly passes gay marriage bill
Quote:

TRENTON, N.J. (AP) — The New Jersey Assembly on Thursday passed a bill
legalizing same-sex marriages, setting the stage for an expected veto by Gov. Chris Christie.

The 42-33 vote sends the bill to Christie, who won't take immediate action.

The Republican governor who opposes gay marriage had promised
"very swift action" if the bill passed both houses of the Legislature,
but the Assembly isn't required to send the bill to his desk until the close of business Friday.
The Senate approved the bill Monday.<snip>

The bill would need several Republican votes in each house to override the governor;
Christie himself essentially guaranteed that that won't happen.
NJ is different and interesting because the State's Supreme Court has already reviewed
the State's Civil Union Law, and has:
Quote:

" instructed the Legislature to provide marriage equality to same-sex couples".
The article also describes strategies of the various parties.

Lamplighter 07-14-2012 09:45 AM

I have rearranged the sequence of paragraphs below to (hopefully) make this post more readable.

msnbc.com
Miranda Leitsinger
7/13/12

Same-sex couple fights to stop deportation, gay marriage ban
Quote:

DOMA, enacted by Congress in 1996, blocks federal recognition of same-sex marriage,
thereby denying various benefits given to heterosexual couples, such as the right to immigrate.

A Filipino woman who married her American wife in 2008,
when it was briefly legal to do so in the state of California,
should not be denied immigration rights that heterosexual couples receive
and should not be deported, her lawyers are arguing in a lawsuit.

Authorities approved her employer’s application for permanent resident status
for her in May 2006, and she had temporary lawful status until April 2011,
when immigration officials told her she was inadmissible to the country.
They said she had misrepresented her name and marital status
because she had entered the U.S. under the last name of her former
spouse [common law husband],
even though they were not legally married, according to the lawsuit.

The couple attempted to get a waiver based upon the hardship that deportation
would impose upon them and DeLeon’s 25-year-old son, whose immigration status
would also be affected if his mother was deported, but it was denied last November.
Authorities, the lawsuit said, did not reject the request because the couple
failed to prove the hardship claim, but solely because under the federal marriage law
she was married to someone of the same sex who was not recognized as a relative.

The lawsuit alleges that the federal marriage law [DOMA] denies due process
and equal protection under the law in violation of the U.S. Constitution.
The couple is asking the court to grant their request to give class action status
to the lawsuit since their challenge affects innumerable others in their situation.


The suit joins several others targeting DOMA, the federal law banning same-sex marriages,
including one filed by binational gay couples in New York.
The Obama administration has asked the Supreme Court to take up two of those cases:
one originating in Massachusetts and another in California, according to scotusblog.

Lamplighter 11-15-2012 10:26 AM

The following is an editorial by Linda Greenhouse,
the NY Times reporter who covers the US Supreme Court.
Usually, her articles are straight reporting, with little to no "editorializing"
For a long time, I have followed her reporting and have respect for her knowledge and expertise.
But here is an article that is strictly her opinions.

I believe it is well worth reading in it's entirety because she speaks to
the Voting Rights Act and voter suppression, to equal rights for gay/lesbians,
and California's Proposition 8 vs the Obama Dept of Justice's
refusal to defend DOMA, the Defense of Marriage Act.

NY Times
LINDA GREENHOUSE
11/14/12

Changing Times
Quote:

When people talked during the presidential campaign about the potential impact
of the election on the Supreme Court,most meant the impact on the court’s membership:
whether Barack Obama or Mitt Romney would get to fill any vacancies during the next four years.
The vote on Nov. 6 settled that question, obviously, but it also raised another tantalizing one:
what impact will other developments during this election season,
beyond the presidential vote itself, have on the nine justices?

If time is on the side of preserving the Voting Rights Act, it’s also on the side
of recognizing the right to, and federal recognition of, same-sex marriage.

Note that this observation is something well short of a prediction that the Supreme Court
will declare a constitutional right to marriage equality during its current term.
A vehicle for doing so, the Proposition 8 case from California (Hollingsworth v. Perry)
is sitting on the court’s docket, awaiting the justices’ decision on whether to take it.<snip>

The most likely scenario to emerge from the conference is a grant of review
in one of the DOMA cases, most likely Windsor v. United States,
decided last month by the federal appeals court in New York.
Along with the federal appeals court in Boston, in another case also now pending
before the Supreme Court, the New York-based United States Court of Appeals
for the Second Circuit declared unconstitutional the statute that withholds
the many benefits of marriage available under federal law from same-sex couples
who are legally married in their state of residence.<snip>

Assuming the court grants one of the DOMA cases, I think the justices are likely
to put the Proposition 8 case on hold until the DOMA issue is decided.<snip>

I think there’s an excellent chance that the Supreme Court will overturn DOMA.<snip>

When the history of how same-sex marriage became the law of the land is eventually written,
as it will be in the not too distant future, there will be many turning points to mark.
The Supreme Court’s 2003 decision in Lawrence v. Texas, which held that
gay relationships could not be criminalized, will certainly be one landmark.

But last week’s election results, when voters in four states had the choice
to say yes or no to marriage equality and said yes in all four, will stand,
I think, as the more important development.


It didn’t necessarily tell the justices how to decide the cases now on their docket.
But in showing them that times are changing, it told them a lot.


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