Wednesday, January 13, 2010

Is the NY Courts ruling that gay couples married elsewhere now residing there has the right to benefits a boon?

to same sex marriage advocates of a bust to the christian group that brought about the lawsuit in the first place?





Is the cup half full or half empty?











http://news.yahoo.com/s/ap/20091119/ap_o鈥?/a>Is the NY Courts ruling that gay couples married elsewhere now residing there has the right to benefits a boon?
This ruling addresses the States' rights issue in a positive way, and I'm not surprised that it would be New York to take the lead in this. Many States have already said that they will not honor gay marriages sanctioned by other states, and it is their constitutional right to do so, under DOMA. States can make thier own laws in this regard, as well as elect to honor the passage of laws in other states or not honor, at their own discretion, without federal interference.





I think that this is something that deserves a closer look (and you can do that by just thinking, for a moment). The courts in New York have been somewhat preemptive, knowing that it is only a matter of time before DOMA is overturned and the federal government responds to the pressure to allow LGBT people the same rights to marriage under the constitution as are afforded heterosexuals. In ruling that the State of New York will honor these legal marriages entered into in other States, New York leads in the common-sense outlook. I expect that, as a result, other States will follow suit.





By constitutional mandate, each State must honor legal statutes passed in other states, with regard to the establishment of contractual agreements, except as prohibited by ammendment to the constitution. That was the purpose for DOMA. States can, individually, pass laws permitting gay people to marry, but because DOMA became part of the US Constitution, by the principle of seperate rights afforded states, surrounding states are not conscript to honor those laws. If and when DOMA is repealed, that protection of the seperate rights of states disappears and all states will be bound by constitutional law to honor marriages legally performed in ANY state.





New York courts have taken the lead in foresight, and have forgone the confusion that will result when DOMA is repealed. They got the 'jump' on it. It is going to happen, and the courts of New York have as much as acknowledged it and simply tore down their state's opposition to it.





It's one more step forward, but certainly not cause to be haughty in victory, throwing 'raspberries' at the opposition. One step forward. Wait. Let's see if the other shoe drops before we jump to conclusions. Even court rulings can be overturned. It's good news, certainly, but not yet cause for celebration.Is the NY Courts ruling that gay couples married elsewhere now residing there has the right to benefits a boon?
Every little bit helps.





Hopefully rational people will soon see the bizarre irony that some NY citizens have to get married (and spend their money) outside the state, in order for their marriages to be recognized inside the state. Maybe then this will change.
The only reason I support gay marriage is that it's a slap in the face to christers. Frankly I think marriage is a dead in the water institution. It fails the breeders more than fifty percent of the time, or the breeders fail at marriage. Gays should be above such puerile nonsense as the need for recognition by church/state. But so long as the christers get all frothy at the mouth about it, you can be sure I'll vote for it!
The second paragraph says it all:





';But the court avoided declaring that same-sex couples are entitled to all the rights of other married couples.';





I say half empty.





EDIT: Bring on the thumb downs, I'm a pessimist. I don't see these (polite word......) people legalizing gay marraige anytime soon. What kind of stance is places like New York, Florida and especially California taking if the gay people that make New York and California, Florida as we know it today still put up with there very own state fighting against them.


Until we hit them where it hurts, we won't be seeing gay marraige being legalized nationally in my lifetime.





That's just my opinion on it.,
I think its half full and a bust up for Christian crankies. NY is a weird political place. Most people vote Rep. for local elections, but for national and senatorial elections, we vote democratically; fiscally conservative (I live in a NY county with the highest property taxes in the country), socially liberal, thats how its always been in WNY since I can remember.





I hope Patterson pounds it through again before he gets voted out of office.





John: I like your take, here in NY (as far as the NY government and NY congress are concerned) it is all about the $ and where people are spending it. WooHoo to a 35 year recession!!!
from what i gather, it's half full.





it's a step toward the correct direction.





good news is the religious fundies got their asses handed to them on a plate - as it should.
I would say half full. This is a step in the right direction, but clearly not good enough.
I will never step my foot into a such appalling place called New York, It's like future Sodom and Gommorah.

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