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To: Hostage
Fred Thompson’s proposal is to muzzle judges and only judges in this arena, but not state legislatures. The reason he will not restrict state legislatures is because they can be voted out whereas federal judges cannot be.

Let me ask a hypothetical.

Fred's amendment passes. CA legalizes homosexual marriage, and Adam and Bart get married under that state's laws. They earn money and file Federal taxes as a married couple and pay SS and FICA. They then move to Utah, which does not recognize the status. Nevertheless, they file their joint Federal return as married. Are they? Is the UT firm they now work for required to collect Federal taxes as if they were? Can one claim the other as a dependent for Federal purposes, but not State? Which State's marriage law is the Federal govt. bound to recognize; where the union occurred, or where they reside? What's to keep Chad and Darryl, A&B's neighbors in UT from going to CA and marrying solely to dodge Federal taxes? If Adam dies in UT, is Bart legally entitled to Adam's SS benefits?

How are you going to resolve any of these questions if the Federal judges are "muzzled"? And what do you think will happen when Bart files a Federal suit under the 14th A., claiming that he is not getting equal protection of the law? Or, if the Feds give Bart the marriage benefits, when the State of Utah sues to recover the expenses because the Feds are violating Fred's new amendment?

57 posted on 10/03/2007 8:59:03 AM PDT by LexBaird (Behold, thou hast drinken of the Aide of Kool, and are lost unto Men.)
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To: LexBaird

DOMA prohibits them from filing US taxes as a married couple.

So the rest of your example becomes vaccuous.

Strike 1.

As far as challenging DOMA, this is why Thompson has mentioned an amendment to restrict those challenges.

Strike 2.

As for clashes with the 14th or other amendment, Chief Justice Roberts will be involved in the drafting of the Thompson Amendment.

Strike 3.

Next batter.


65 posted on 10/03/2007 9:32:12 AM PDT by Hostage (Fred Thompson will be President.)
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To: LexBaird

Fred’s amendment passes. CA legalizes homosexual marriage, and Adam and Bart get married under that state’s laws. They earn money and file Federal taxes as a married couple and pay SS and FICA....


Stop right there.

The Fred plan would mean that the feds would not recognize a gay marriage. Adam and Bart file separately, as single, unless one takes the other as a dependent (which anyone can do now if they meet certain criteria.)

The whole point is that a few idiot states like Massachusetts can have no effect on those in other states.


73 posted on 10/03/2007 9:52:38 AM PDT by Atlas Sneezed ("We do have tough gun laws in Massachusetts; I support them, I won't chip away at them" -Mitt Romney)
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