Posted on 07/20/2004 10:14:57 PM PDT by ambrose
Posted on Tue, Jul. 20, 2004
Lesbians sue to have all states recognize Massachusetts marriage
MITCH STACY
Associated Press
TAMPA, Fla. - A lesbian couple from Bradenton who were married in Massachusetts sued the federal government Tuesday to have their union legally recognized in the rest of the country.
The suit was filed against U.S. Attorney General John Ashcroft in federal court in Tampa.
The couple's attorney, Ellis Rubin, has filed five previous suits in state and federal courts challenging the ban, but Tuesday's was believed to be the first to attempt to compel the federal government and other states to recognize a union that occurred in a state where same-sex unions are legal.
The suit was filed on behalf of the Rev. Nancy Wilson, a Metropolitan Community Church minister, and Paula Schoenwether, a family marriage counselor. The two have been together for 27 years and were married July 2 in Massachusetts, the only state where same-sex marriages are recognized.
"No one has anything to be afraid of by recognizing our marriage," Wilson said outside the courthouse Tuesday. "We consider ourselves to have been married for 27 years, but we know this is a moment in history, this is a time in which gay and lesbian people are not going to accept second-class citizenship in our country."
Rubin's suit claims that the ban on gay marriage is a constitutional issue, which is why Ashcroft is named as a defendant. Hillsborough County Clerk Richard L. Ake is also named because he had declined to issue the couple a Florida marriage license.
The 1996 Defense of Marriage Act and a 1997 Florida statute that defines marriage as the union between a man and woman violate the equal-protection rights of his clients, Rubin said.
"The Florida law and federal law separates and makes second-class citizens out of gays and lesbians because of their gender and sexual orientation," Rubin said. "I hope that the court recognizes that and says it isn't equality if opposite sex couples can marry but same-sex couples cannot."
Ashcroft spokesman Charles Miller said Tuesday that no one in his office had seen the suit, and he would not comment.
Ake said he was following Florida law when he denied the couple a marriage license.
The U.S. Senate last week handed a defeat to President Bush when it scuttled a proposed constitutional amendment banning gay marriage.
This will be an interesting test of the "full faith and credit" argument.
They are residents of Florida, not Massachusetts.
CERTAIN MARRIAGES PROHIBITED
Chapter 207: Section 11 Non-residents; marriages contrary to laws of domiciled state
Section 11. No marriage shall be contracted in this commonwealth by a party residing and intending to continue to reside in another jurisdiction if such marriage would be void if contracted in such other jurisdiction, and every marriage contracted in this commonwealth in violation hereof shall be null and void.
They're judge shopping - looking for a liberal judge who will agree with them.
"No one has anything to be afraid of by recognizing our marriage," Wilson said outside the courthouse Tuesday. "
Who says anyone is afraid of it. We are downright sick of these people flaunting their unethical and sinful behaviour in our faces. These people won't be happy until their lifestyle is rated one step higher than heterosexual marriage.
Myn friend, it is most likely a "church" taking advantage of the tax free status accorded religious institutions. I have enough "gay" (I still prefer homosexual, there are times when I get gay, but not that way. Guess it does save ink at least), I really don't care if they get civil union laws, but it is not a "marriage". Until you have stepped out on the front porch of the bar and told officer Friendly, " Yes, I can positively identify the babe who just sidewall stabbed 13 tires, she was my ex-wife's wife's ex-wife" you really ain't been there.
I want to see the same "Full Faith and Credit Clause" applied to valid concealed carry laws, and while we are at it, medicinal marijuana use. Works for drivers' license, works for civil contracts, seems to work for anything politically correct.
Of course. What they're really bothered by is the fact most of us don't approve of homosexuality as a morally valid lifestyle. So they want to coerce us to consent to something we would never consent to out of our own free will. Yeah these people feel they need our approval to live in a way contrary to the will of God and they're not exactly tolerant of other people's right to have a different view on the matter.
They are non-residents who are tried to do an end around Florida law. Their pretend "marriage" is null and void according to the statute that I posted.
Then again, whats the law to an activist judge with an agenda....
As I said, the argument marriage is a state's rights issue was phony from the get-go. The Left doesn't recognize it and there is prior precedent (polygamy in 1890 Utah) for a federal rule on the issue of marriage. Conservatives delude themselves into thinking the liberals and their gay allies simply want a live and let live arrangement on the subject. The federalism approach would be fine if the other side respected the right of this country to say NO to gay marriage. They don't, which is precisely why a constitutional amendment to protect the institution of marriage has become necessary.
The liberaltarians take the same approach. They secretly WANT sodomite "marriage" (Mostly out of hatred for morality) but they can't say it outright because they will lose whatever conservative claim they still hold onto.
So instead they also retreat to the States right's argument.
The libertarians and democrats want marriage to be perverted, they just can't say it out loud.
"Then again, whats the law to an activist judge with an agenda...."
And all you need are a few folks with money and committment to bring these lawsuits up. I read an article in the newspaper awhile back about a small group of people in some environmental activist law group (like 4 - 8 people). All the cases funneled through them, and all the money too. The cases they had brought forward and won were amazing (spotted owls (logging), snail darters (dams), frogs (California development), and many more.
One small group of environmental activists are able to use the court system and activist judges to set the laws in America. And now the homosexuals.
I live there but unfortunately have yet to own a gun. But I'm pretty sure that there are people more than willing to do this. My college used to have a gun club and we've got a sizable number of Republicans. Some of them are from out of state so they might already have a gun.
Bump, wildcat. You GO!
"Intrusion"--- good way to put it. And you are right. The one(s) I know say, "We're just like any other couple, living monogamously and in peace." Peace?!! Then why are they constantly stirring up hornets' nests? If they want to fit in with the rest of us, how about just shutting up and keeping their private lives, like, PRIVATE, as the rest of us? Thanks.
NOW .. DOES EVERYBODY SEE WHY WE MUST HAVE A CONSTITUTIONAL AMENDMENT!!
This scum will not stop until they destroy America.
The Metropolitan Community Church, a church founded by and for sodomites.
Indeed. More about the Metropolitan Community Church here:
Sex, torture and erotic electrification in America's 'gay' churches
Can we sue to force all states to recognize "concealed carry" laws?
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| Homosexual Agenda: Categorical Index of Links (Version 1.1) |
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| Myth and Reality about Homosexuality--Sexual Orientation Section, Guide to Family Issues" |
First Satan's and Friends.
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