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To: OldDeckHand

Alright, then does the Federal Government have the power to define marriage for the purpose of qualifying for various federal intitlement programs as well as tax filings?

Or do gay married couples from MA get to file as married, while gay couples from other states that don’t recognize their unions do not?

And doesn’t that just mean that basically, MA gets to force their definition on everyone else?


63 posted on 07/13/2010 2:50:04 PM PDT by Valpal1 ("All that is necessary for the triumph of evil is that good men do nothing.")
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To: Valpal1
'Alright, then does the Federal Government have the power to define marriage for the purpose of qualifying for various federal intitlement programs as well as tax filings?"

Well, if you believe Tauro, probably not.

"Or do gay married couples from MA get to file as married, while gay couples from other states that don’t recognize their unions do not?"

That is exactly how it would work in theory. You see, the federal government would be required to accept any marriage certificate issued by any state. There is some debate if other states would be forced to recognize marriage certificates issued by other states.

This part of DOMA has yet to be litigated. I would opine that if other states aren't required to recognize the gun licenses issued by other states (or any number of other types of licenses), then why would a marriage license be any different? I don't think it should.

Just like VA will - with limitations - accept and recognize a FL concealed carry license, VA could also accept and recognize Florida-issued marriage licenses.

In that regard, homosexual marriages would "only be forced" on the residents of the states that recognize homosexual marriage.

64 posted on 07/13/2010 3:04:46 PM PDT by OldDeckHand
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