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The Moment of Truth For Washington State Couples

The 9,949 Washington couples who are registered as domestic partners face a big decision because of the state's new same-sex marriage law.

 

Under the new law, domestic partnerships will automatically convert to marriages on June 30, 2014, unless they are legally dissolved first or unless one partner is 62 years old or older, regardless of sexual orientation. The provision for seniors was included in the 2007 law because of their risk of losing pension and Social Security benefits if they married.

 

Since the marriage law took effect on December 6th, there have been 624 domestic partner dissolutions statewide, according the the Secretary of State's office. Most couples were heterosexual.

 

We're rooting for Washington same-sex couples and hope they take the plunge. Marriage isn't just about legal rights. It is also about a certain social status and membership in an institution that is widely understood and supported. We hope they take advantage of this historic and long fought-for moment in our LGBT history.

 

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Maryland Anti-Equality Bigots Want It Their Way Or Not At All

maryland anti-gay wedding trolleyWhile most wedding businesses across the country have embraced the opportunity for more business to serve same-sex couples, a small minority are holding on to their bigoted religious beliefs over business interests.

The owner of an Annapolis trolley tour company has decided to walk away from $50,000 in annual revenue instead of compromising his “Christian” convictions when same-sex marriage becomes legal in Maryland next week. And he is urging prospective clients to lobby state lawmakers for a religious exemption for wedding vendors.

Wedding vendors elsewhere who refused to accommodate same-sex couples have faced discrimination lawsuits and have lost. This business has decided to sidestep legal trouble by avoiding all weddings all together.

Supporters of anti-equality are upset because they are being discriminated for their inability to discriminate. Can they hear themselves?

 

To read the article by Erin Cox in The Baltimore Sun, click on the Purple Duck:

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A Legal Limbo For Same-Sex Couples

gay couples in legal limbo As long as states refuse to grant divorces to LGBT couples, gay men and lesbians who were married or entered into a civil union in a legal equality state will continue to be mired in a legal limbo. This uneasy state of affairs raises many questions:

What if a bisexual man marries his same-sex partner in Massachusetts and when visiting his parents in Florida, he meets a woman, falls in love, and marries her? Is he guilty of bigamy if Florida doesn't recognize his Massachusetts marriage? If he and his wife travel by train across the country on their honeymoon, will he be married to his partner or his wife as they travel through Iowa, which is a marriage-equality state?

Legal conundrums exist even for couples who are able to get a divorce. Many same-sex couples who marry have lived with their partner for many years before officially tying the knot. In that time they may have accumulated property together. Because their legal marriage happened long after they first set up house together, their marital property that is subject to equitable division would only entail that which they obtained after they wed.

Will courts take into consideration property acquired prior to the legal marriage because that legal status was unavailable?

As more and more couples get married and move to states across the country, current inconsistencies in the law will eventually move the cause of same-sex marriage forward.

 

Same-sex legal kit for dummiesSource: The Same Sex Legal Kit For Dummies.

Click the purple duck to order: The same sex legal kit for dummies

 

 

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If Prop 8 Gets Struck Down, Will lt Affect The Rest of The Nation?

prop 8 supreme court decisionExpect conservatives to make arguments against the court recognizing a federal constitutional right to same-sex marriage. Many will build upon arguments of Justice Scalia in dissents in Romer v. Evans and Lawrence v. Texas, the two landmark decisions protecting gays and lesbians.

The California case, Hollingsworth v. Perry, followed the approach of Romer and Lawrence. It avoided recognizing a fundamental right or suspect classification, yet put teeth into its analysis of whether the law was rationally related to a legitimate governmental purpose -- holding that Proposition 8 instead manifested "animus" against or a rejection of the "worth and dignity of gays and lesbians as a class."

Perry was decided on narrow, "minimalist" grounds. The Ninth Circuit stated, "We need not and do not answer the broader question in this case." California "had already extended to committed same-sex couples both the incidents of marriage and the official designation of 'marriage,' and Proposition 8's only effect was to take away that important and legally significant designation, while leaving in place all of its incidents." Applying Romer, the appeals court found the amendment unconstitutional because it was "left with 'the inevitable inference that the disadvantage imposed is born of animosity toward,' or ... mere disapproval of ... gays and lesbians as a class." Perry is thus a narrow decision that does not impose same-sex marriage on the whole nation.

Like many liberals heartened by the progress of the state-by-state campaign to extend same-sex marriage, we are concerned that the Supreme Court decided to review Perry. We believe our constitutional democracy would do better to proceed as it has, at least for the foreseeable future. The outcome may come down to the vote of one justice: Anthony Kennedy. Supporters of marriage equality should take some comfort from the fact that he wrote the opinions in both Romer and Lawrence.

Constitutional change typically proceeds slowly from one generation to the next. It took the Supreme Court 17 years to move from Bowers v. Hardwick (1986), rejecting a right to same-sex intimate association, to Lawrence (2003), protecting such a right. We hope it now will have taken the court 17 years to move from Romer (1996), invalidating laws reflecting animus or a bare desire to harm gays and lesbians, to striking down Proposition 8 in Perry (2013).

Source: 5 Constitutional Misconceptions About Same-Sex Marriage, by Linda McClain and James E. Fleming.To read the article, click on the purple duck:

 

Boston University law professors Linda McClain and James Fleming are co-authors of Ordered Liberty: Rights, Responsibilities, and Virtues, about same-sex marriage law.

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Before You Have Kids Make Sure You Agree On Parenting Issues

gay parentingYou and your partner have now decided to expand your family and bring children into your home, but you may want to ask yourself a simple question first: Why do you want children?

Be honest with yourself: Do you love being around kids? Are you the nurturing type? Are you a good mentor? And how much do you value your kid-free life, and how happy will you be after that's gone?

 

Of course, many of these things are unknowable until you actually have the kids, and at some point you simply need to jump in. But these questions are serious and deserve serious thought. Be sure you both agree and you both want kids - and you talk about why you do.

 

After you decide you want kids, you still need to make sure you and your partner are on the same page concerning your parenting styles. This isn't the time to be indirect or to hide your feelings from your partner for fear that you won't come across as sympathetic or sensitive. Ask yourself the following questions before, rather than after, having a child. Even if you're single and looking to have a child, answering these questions can help solidify your intentions and desires:

 

  • Will one of you be the primary caregiver, while the other works? Or will you try for a more egalitarian approach?
  • How strict a parent will you be? Do you and your partner agree on discipline?
  • Are you religious? Is your partner religious? Do you follow the same religion? If you want your kids to be raised with religion, which one will you choose?
  • What about schools? Depending on where you live, your income, and your views, public school may be the best option, or not. Do you want to consider private schools or even home schooling?
  • Are you living in a place where you'll feel comfortable raising your kids? Is it safe? Is it friendly to LGBT families?
Of course, this discussion may seem way premature when you're first thinking about kids, and you don't need to make every decision right away. In fact you can't figure some of this stuff out until the kids actually appear. Raising children turns things upside-down, and whatever you thought about your parenting philosophy may not survive the reality! But thinking about the big questions early and often is so important, Not being able to agree on these major life items may tell you something instructive about whether kids are really for you (at least as a member of this couple).

 

 

Same-sex legal kit for dummiesSource: The Same Sex Legal Kit For Dummies.

Click the purple duck to order: The same sex legal kit for dummies

 

 

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