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Prop 8 & DOMA Decisions Will Be Handed Down Today — Page 7

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#153

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/26/13 at 6:09pm

it will take time for the Catholic Church to embrace this.

I was born and raised Catholic, and attended Catholic school. You could not pay me to set foot in a Catholic church ever again. They will never come around on some issues. They are stuck in the Dinosaur age and take the Bible literally. (I am VERY bitter towards the Catholic church/faith)...

I am SOOOO glad to read about the other churches ringing their bells though. Today is such an amazing day!
"There’s nothing quite like the power and the passion of Broadway music. "
#154

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/26/13 at 6:10pm

"Theatrediva, have you filed suit already?"

My husband was the one who mentioned it this morning. He's sent an email off to some group in Michigan and we will know more after they respond.

Sorry, not sure which group he emailed...
"TheatreDiva90016 - another good reason to frequent these boards less."<<>> “I hesitate to give this line of discussion the validation it so desperately craves by perpetuating it, but the light from logic is getting further and further away with your every successive post.” <<>> -whatever2
#155

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/26/13 at 6:37pm

Windsor's suit was based upon federal estate tax issues which allows a surviving spouse to inherit money tax free. Though married under NY law, DOMA did not recognize the union. The federal estate tax spousal exemption was denied, and she had to pay federal estate taxes on property she inherited on the death of her spouse. If she was in a straight marriage, these taxes would never have been applied. Those federal estate taxes specifically related to exempt property for spouses are the ones she challenged, and those taxes are the ones being refunded to her as part of her action.

#156

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/26/13 at 6:37pm

Thanks for all your detailed answers, broadwaydevil. I'm sure I speak for others in saying your responses are helping us wrap our heads around all this.

You're welcome, Phyllis. I really enjoy it and it's easy to be so engaged on such happy days like this one.

Good luck theatrediva! Do keep us posted and don't be afraid to poke around with multiple groups. In almost all cases, you can be represented by multiple legal groups but they won't tell you that since ultimately they also want name recognition and to be "the group" associated with X case. Poking around though will get you the most amount of information and certainly the best counsel.
Scratch and claw for every day you're worth! Make them drag you screaming from life, keep dreaming You'll live forever here on earth.
#157

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/26/13 at 7:39pm

My husband and I here in California are celebrating too-- we've now filed our LAST federal tax return as single people! Yay! In 2014 we'll finally file married returns for both the state AND the feds.

It's quite a relief, isn't it? The duplicate paperwork was killing me (even with the help of a good CPA).
#158

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/26/13 at 7:53pm

a local activist was on the radio today suggesting that people have always had the right to go back three years and do an adjusted federal return. He thinks couples who were married in states that recognized it should be able to do this for the prior years they were married (up to 3.) I'm not sure if he really had any expertise in tax law. Any legal scholars here want to venture an opinion?

Art has a double face, of expression and illusion.
#159

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/26/13 at 7:55pm

You girls who live in apartments, don't just stare at the wall!
Open up the door and hurry. Out. In. The. Hall...
AND...

Off-topic (I, not PJ), but I have to note that that number is Kander, Ebb, Fosse and Minnelli at their very, very best!
#160

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/26/13 at 8:04pm


Judy Garland...There's Only One Union
"TheatreDiva90016 - another good reason to frequent these boards less."<<>> “I hesitate to give this line of discussion the validation it so desperately craves by perpetuating it, but the light from logic is getting further and further away with your every successive post.” <<>> -whatever2
#161

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/26/13 at 8:04pm

"...people have always had the right to go back three years and do an adjusted federal return."

That's true, but the ruling only changes a relationship's legal standing from today forward. The Feds didn't recognize the marriages 3, 2 or 1 year ago, so there is no basis on which you would file an adjusted return.
You think, what do you want? You think, make a decision...
#162

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/27/13 at 9:10am

Read the decisions last night. Very nice quotes from Kennedy. Relying on the 5th and 14th Amendment. The DOMA decision will have a long lasting effect on many areas of equal rights. Scalia is a pompous, arrogant and evil ass!
#164

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/27/13 at 11:04am

While Scalia's is vile, it pales in comparison to his dissent in the Lawrence v Texas case, which voided sodomy laws.
"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg." -- Thomas Jefferson
#165

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/27/13 at 11:17am

Brian - I could not stomach all of Scalia's dissent. You are correct about Lawrence. On the other hand, Kennedy's opinion is excellent. I remember the first time I read Bowers in law school and was shocked by the stupidity!
#166

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/27/13 at 11:59am

Justice Kennedy's opinion will be seen in the future as a brilliant piece of jurisprudence.

There are many ways the majority opinion could have been expressed. His words may very well have made it impossible for any of the individual states to defend their anti-gay-marriage amendments, because the plaintiffs will always be able to cite Justice Kennedy's ruling.

Updated On: 6/28/13 at 11:59 AM

#167

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/27/13 at 12:06pm

As an independent constitutionalist (although liberal in the social arena), yesterday was a double win.

While the decision reaffirmed equality for all of our friends and family, including me and my husband, Kennedy's opinion reiterated the need to limit the power of the government. If repubs could get their heads out of their asses, they would realize that yesterday was actually in support of what they believe... limiting government overreach!

Again, the big win here is marriage equality for all but on a much smaller scale, the reasoning behind it was constitutionally sound and a win on principle for many like me.
#168

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/27/13 at 1:11pm

Contrary to Citizens United, where the Roberts Court exemplified judicial activism at its worst, their recent decisions have been rather narrow. Even if you disagree with their decision on the Voting Rights Ace, it's a narrow decision intended that allows Congress to rewrite its criteria. While the reality is that this Congress is unlikely to take meaningful action, the SCOTUS decision did not throw out the Voting Rights Act.
"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg." -- Thomas Jefferson
#172

Prop 8 & DOMA Decisions Will Be Handed Down Tomorrow

Posted: 6/28/13 at 10:34am

Scalia seeems to think he is the Pope of Jurisprudence - somehow infallible.

I find him to be lacking much of anything that I would respect in a judge. He caters opinions to match his personal bias, and he is nothing more than a bully in a black robe.

The only saving grace is that he is not Chief Justice. I did not always agree with Rehnquist, but he was intellectual consistent. Scalia is not. He is for states rights when he likes what the states are doing, and is against states rights when he likes what the Feds are doing (specifically referring to Marijuana enforcement vs. ACA).

I cannot wait until he is off the court.

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