pyrephox: (Default)
([personal profile] pyrephox Mar. 3rd, 2009 02:13 pm)
U.S. sued for benefits for same-sex married couples.

It looks like maybe they've finally got some test cases they like to challenge DOMA on legal grounds. I suspect they're using full faith and credit rationale; according to the article, they're challenging on behalf of legally-married same-sex couples in Mass. who are being denied Social Security, tax, and other federal benefits because their legal spouse is the same sex.

If it sounds like I said the word 'legal' a lot, that's because I meant to. I don't think that DOMA can take a challenge like this, if the lawyers even have half their brains working...which is, sadly, not to say that the Supreme Court might decide that they just aren't going to hear it, and thus delay having to face up to the unconstitutional nature of the law. But...anyway. Yay. And good luck to them.
archangelbeth: An anthropomorphic feline face, with feathered wing ears, and glasses, in shades of gray. (Default)

From: [personal profile] archangelbeth


Oooo, crossing fingers! I thought that Mass had actually made some kind of provision... Oh, it's federal benefits. Mass, IIRC, doesn't actually say anything about other states having to recognize the marriage. But the federal gub'mint... Crossing fingers, yessssss.
ext_7549: (Default)

From: [identity profile] solaas.livejournal.com


If I cross my fingers any harder now, they'll fall off! *hopehopehope*

From: [identity profile] pyrephox.livejournal.com


I'm not talking to anyone from Norway right now. Your entire COUNTRY apparently has fewer murders than my /state/...and my state has fewer people, too.
ext_7549: (Default)

From: [identity profile] solaas.livejournal.com


But but but!!! We're working on it, I swear! Look: http://www.dagbladet.no/2009/02/28/nyheter/innenriks/skyting/utesteder/5078373/ Random shooting in Oslo last week. I bet we have about the same amount of guns, too (rifles and shotguns, that is, not the little ones), so just you wait! D:

Sopleasdontthrowmeoutofyourclub? Pretty please? *balseraph bambi eyes* 888|

From: [identity profile] pyrephox.livejournal.com


...well, okay. Since you ask so nicely, and bring guns. :D

*hugs!*

From: [identity profile] stevenehrbar.livejournal.com


The Full Faith and Credit clause doesn't apply to the Federal Government. That clause entirely a matter of mutual recognition of acts between state governments, and accordingly cannot be used to make claims against the Federal Government.

From: [identity profile] pyrephox.livejournal.com


That sucks. :/ Ah, well. Then I cannot claim to know anything about what the lawyers are doing, but I hope it works!

From: [identity profile] damsel-ophelia.livejournal.com


I found your post on CNN!!!

I'm watching this case very closely, mostly because my wife and I live in MA :-) One of the big things that I think this case will cover, even though the news articles haven't brought this one up - but in addition to not being able to get all of the federal tax benefits of marriage, if you cover your same-sex spouse on your health/dental insurance - it's taxed as additional income for the FULL PREMIUM for an individual (not the difference between employee and employee plus spouse/spousal equivalent). So, in our case, I get taxed on approx. $150 more per week over and above the money I earn. Folks I know call it "the gay tax".





From: [identity profile] pyrephox.livejournal.com


My post is on CNN? That's...mildly disturbing. But it's nice to meet you!

Also, that /sucks/. Considering how screwed people are on health insurance anyway, adding an extra screw to same-sex spouses is yet another bit of massive unfairness. I'm sorry, and I do hope that the law team manages to get this heard and that stupid law overturned.

And, eventually, all of the other stupid laws preventing same-sex marriage in other states.
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