Proud to be a New Yorker

[Anonymous]

Thee New York State Senate joined the Assembly in passing a gay marriage law. Governor Cuomo has said he will sign it.

[Anonymous]

Way to go, New York!

[Anonymous]

More kudos for NY! Also makes it all the more astounding that NY could do this - which has a pretty sizable Republican segment to it (once you are outside of NYC obviously) but MD which is essentially owned by the Democrats could not. Absolute travesty how it got blocked in MD and in particular in my view the hypocracy of those in MD that worked against this from the Democratic side.

[Anonymous]

Anonymous wrote:More kudos for NY! Also makes it all the more astounding that NY could do this - which has a pretty sizable Republican segment to it (once you are outside of NYC obviously) but MD which is essentially owned by the Democrats could not. Absolute travesty how it got blocked in MD and in particular in my view the hypocracy of those in MD that worked against this from the Democratic side.

I don't like to nit-pick (despite appearances), but I have seen "hypocracy" often enough to decide that it's not just a typo. The word is hypocrisy. If hypocracy were a word, I suppose it would mean government from below. I suppose that appears to describe Congress at times.

[Anonymous]

I'm certain it will be the law of the land, and when it is legal everywhere, no one will notice it. It's a lot of political soap, a made-up issue to rile up the right-wing fundamentalists and keep them voting with the anti-tax, pro-corporate agenda.

Congrats to all those New Yorkers who have been waiting for this to plan their weddings. The wedding industry just got a big boost in NY.

Let's get this over with, pass a national gay-marriage act, and move on to something important. So tired of hearing the fundies squawking about preserving the integrity of marriage or some such B.S. Once it's the law, they will shut up and expend their indignation and outrage elsewhere.

[Anonymous]

Um, there's no legal way for the Feds to take over marriage legislation. It's a state power. Any attempts by the Feds will be stopped by the courts because it would be a violation of the 10th Amendment.

If Congress or the President had the power to give marriage rights, they'd have the power to take it away.

[Anonymous]

PP here again. Our best hope is that they repeal DOMA, so those who are gay and married will have equality regarding inheritance taxes and social security, etc.

My own personal hope is that the Faith and Credit clause will be interpreted to mean that other states have to recognize gay marriages from another state. But, I think that's a pipe dream.

[Anonymous]

Anonymous wrote:Um, there's no legal way for the Feds to take over marriage legislation. It's a state power. Any attempts by the Feds will be stopped by the courts because it would be a violation of the 10th Amendment.

If Congress or the President had the power to give marriage rights, they'd have the power to take it away.

Ll that brings up three things. First, then what was the purpose of DOMA in the first place? Seond if it was determined that prohibitions against gay marriage were discrimination under the Constitution, then state law would have to conform to the court opinion similar to the Loving opinion. Third congress still has a right to amend, which is difficult but not impossible.

In short states do control marriage, but that control is not absolute.

[Anonymous]

If the courts decide that banning gay marriage is discriminatory, that's a judicial matter and bot a legislative one. Laws are made by the legislators.

DOMA only applies to laws under current Fed power regarding marriage. As in, states don't have to recognize gay marriages from other states and it addressed federal benefits. It says nothing about giving or taking away the right to marry.

Congress could amend the Constitution, but flying elephants may be more likely currently. States have to ratify amendments, too.

[Anonymous]

Also, in cases like Loving v Virginia and Lawrence v Texas, it doesn't change the actual laws, just the ability of those laws to be enforced.

There are still laws in Virginia banning gay sex. While they can't be directly prosecuted, it can be used against someone in something like a child custody case.