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MADem

(135,425 posts)
12. No, I am not missing the point.
Tue Oct 28, 2014, 03:39 AM
Oct 2014

Unless you can find a way to get married in a state without a state-issued marriage license, I am not missing the point. And that's the point Carter was making.

I did not claim you were a right winger--please READ before you make such spurious accusations in the future. I was talking about the source--the very right wing source from the HERITAGE FOUNDATION--of this story. Start with post 4. Shame on you--what a nasty accusation, you owe me an apology.

It does seem you are unclear on the legalities of marriage as it relates to the US and foreign countries. This link will help you. With the exception of social security benefits, which is an issue that needs resolution and likely will resolve soon, married is married.

http://www.nolo.com/legal-encyclopedia/issues-affecting-same-sex-couples-faq-32292-2.html


Does the federal government recognize same-sex marriage?
Yes. The federal government must now recognize valid same-sex marriages.
The U.S. Supreme Court's June 26, 2013 decision in U.S. v. Windsor cleared the way for same-sex married couples to receive federal benefits. In Windsor, the Supreme Court struck down the section of the federal Defense of Marriage Act (DOMA) that limited marriage to a union between a man and a woman. You can read more about that decision here.
As a result, legally married same-sex couples will qualify (for the most part) for federal benefits - regardless of where they live. However, the rules for eligibility do vary among federal agencies.
Married is Married - Even in Non-recognition States
Many federal agencies, such as the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Office of Personnel & Management, look to the place of celebration (where the marriage was performed) to determine whether same-sex married couples are eligible for benefits. If you're in a valid marriage, you will qualify for immigration status and federal employee benefits (if either of you works for the federal government), even if you live in a non-recognition state.
It wasn't clear how the IRS would approach this issue until August 2013, when the U.S. Department of Treasury ruled that all same-sex couples that are legally married in any U.S. state, the District of Columbia, a U.S. territory or a foreign country will be recognized as married under all federal tax provisions where marriage is a factor.
The Treasury Department further clarified that federal recognition for tax purposes applies whether a same-sex married couple lives in a jurisdiction that recognizes same-sex marriage (such as California) or a non-recognition jurisdiction (such as Texas). But the decision does not apply to same-sex couples in domestic partnerships or civil unions....



You can be angry about whatever you'd like--I really don't have any desire to restrict your ability to find pique in anything, so why accuse me of not "allowing" that, either? Just don't focus your ire AT me for pointing out facts.

Argue with facts, not emotions--and don't misstate my views or what I say. I will point it out if you do.


I did address the aspect of the federal government "leaning" on states to influence their laws (if you bothered to read what I wrote and I am more and more convinced that you did not do that) and that would cover the "interracial" aspect you are using as an example. That said, a state that just didn't give a shit could continue to refuse to accommodate "Loving v. VA" couples and face consequences, if they so desired. Many states held out for a while against "DRIVE 55" and the federal 18 year old drinking age, too-but eventually they saw the benefits of compliance and came to their OWN decision to get in line.

Bottom line is this--marriage licenses ARE (even if you do not like it) issued by STATES. States make the decision as to who might get married within their borders. That is all Carter was saying. He wasn't saying that TX had the "right" to "discriminate." He said the decision is in their hands. That's a distinction and a difference, and -- as we've seen with other states -- one that might well be accomplished on a continuum.

I also understand that this is the LGBT group and I am not saying anything that is 'anti' LGBT. The fact that you are trying to silence my comments with that "warning" is disturbing in the extreme. I'm speaking factually, here, not 'advocating.'

FWIW, I am very much pro-equality and believe that anyone of legal age who wants to marry should be free to do so. That said, the intereraction between state and federal government is complex. One is not "the boss" of the other and that is where people tend to get confused.

And using a HERITAGE FOUNDATION source to trash one of our more liberal presidents, one who had to really dig deep to get past his ingrained religious biases, is what is troublesome, here--Carter is being misrepresented, and I find that unfair.

Recommendations

0 members have recommended this reply (displayed in chronological order):

I know shenmue Oct 2014 #1
He is not wrong about anything--he supports gay marriage and belongs to a church that MADem Oct 2014 #5
He is wrong about it. Behind the Aegis Oct 2014 #6
The right of EVERYONE--gay or straight--to marry is reserved to the whim of voters of any state. MADem Oct 2014 #7
No, it is not! Behind the Aegis Oct 2014 #8
Yes, it is. You need a marriage license to get married, and states--not the federal government-- MADem Oct 2014 #10
You seem to be missing the point. Behind the Aegis Oct 2014 #11
No, I am not missing the point. MADem Oct 2014 #12
I don't owe you an apology, you owe me one. Behind the Aegis Oct 2014 #13
I'm outta here. You're misrepresenting what I said and you want to fight with me. MADem Oct 2014 #14
Carter said: Behind the Aegis Oct 2014 #15
Good - you don't belong here dbackjon Oct 2014 #25
That wasn't the argument that I--or Carter--was making. MADem Oct 2014 #27
What CARTER SAID dbackjon Oct 2014 #30
OK -- then "f-ck state's rights." That's your argument. MADem Oct 2014 #36
Civil Rights should NEVER be restricted by common vote dbackjon Oct 2014 #38
States' rights is a two-edged sword, that is mitigated and sometimes guided by federal intervention. MADem Oct 2014 #40
You are really twisting the notion of "states rights" here. Zenlitened Oct 2014 #42
No, I am not--I am right in line with FREEDOM TO MARRY. MADem Oct 2014 #45
Right. Everyone is "perceiving his words incorrectly" but you. theHandpuppet Oct 2014 #48
Look, I support equality for all and I think Carter does too. MADem Oct 2014 #49
Hiding behind (and, frankly, distorting) Freedom To Marry's strategy... Zenlitened Oct 2014 #53
All I can say is wow. "Antics?" Hectoring and haranguing? MADem Oct 2014 #54
ENOUGH! Behind the Aegis Oct 2014 #55
Self-proclaimed ally insists he knows better... Zenlitened Oct 2014 #59
"This might be an opportunity for allies to practice more listening, less lecturing" Aerows Oct 2014 #56
Thanks. Seemed worth a try. -n/t Zenlitened Oct 2014 #61
I'm impressed at how well you held your temper Aerows Oct 2014 #63
No one is denying that is how things are. Jamastiene Oct 2014 #39
That is not what Carter said. MADem Oct 2014 #43
You mean you agree with Olson when he said this? theHandpuppet Oct 2014 #44
Yes--but the way we got there is through the STATES' RIGHTS approach. MADem Oct 2014 #46
I'm done here. theHandpuppet Oct 2014 #50
None of us are too stupid to understand Aerows Oct 2014 #72
? shenmue Oct 2014 #16
See post 4. It explains a lot. MADem Oct 2014 #17
Okay shenmue Oct 2014 #22
He is in favor of discrimination. dbackjon Oct 2014 #31
He doesn't "believe" anything of the sort. He simply stated a fact. MADem Oct 2014 #34
Enough is ENOUGH! theHandpuppet Oct 2014 #37
The Heritage Foundation did a great job of spreading that story around. MADem Oct 2014 #47
WRONG dbackjon Oct 2014 #24
No he does not. MADem Oct 2014 #28
Jimmy is still an Evangelical....and a very old man VanillaRhapsody Oct 2014 #2
I think this an issue which is being decided state by state. Currently Thinkingabout Oct 2014 #3
Doesn't change the bigoted nature of the remark. Behind the Aegis Oct 2014 #9
Did Jimmy Carter speak out against same sex marriage or did you hear him say Thinkingabout Oct 2014 #21
Yeah, look how well the states rights argument worked for civil rights and desegregation theHandpuppet Oct 2014 #23
Exactly dbackjon Oct 2014 #26
He said it was up to the states. Which means he supports discrimination dbackjon Oct 2014 #32
THat ALSO means that he doesn't believe that it is a Constitutional Right MNBrewer Oct 2014 #73
Yup! He doesn't believe in the 14th Amendment dbackjon Oct 2014 #74
He said it was up to the states. Which means he supports discrimination dbackjon Oct 2014 #58
I did not hear him say it was okay for Texas to ban gay marriage and he is fine with this. Thinkingabout Oct 2014 #60
Direct Quote: dbackjon Oct 2014 #62
That's what he said Aerows Oct 2014 #64
I know dbackjon Oct 2014 #66
The early years? Aerows Oct 2014 #67
"If Texas doesn't want white people to marry black people, that's a right for Zorra Oct 2014 #75
Your source is a right-wing, slanted piece of shit. Learn all about "The Daily Signal" in this MADem Oct 2014 #4
First of all, I apologize for the link to that particular source theHandpuppet Oct 2014 #18
It's not your fault--they do a very good job of covering their roots. MADem Oct 2014 #19
That is exactly what he said dbackjon Oct 2014 #33
He made a statement of fact. He didn't click his heels and rub his hands together with glee. MADem Oct 2014 #35
Apparently, opinions are facts Aerows Oct 2014 #65
You are wrong and Jimmy carter is wrong. Let me repeat that, you are wrong and Jimmy Carter is wrong William769 Oct 2014 #68
Well stated. Aerows Oct 2014 #71
I'm with you there marym625 Oct 2014 #20
When states use their laws to discriminate... Zenlitened Oct 2014 #29
Generally I like Carter, but he is way off here LostOne4Ever Oct 2014 #41
he also said he didn't want the government telling churches who to marry unblock Oct 2014 #51
I don't agree with his statement. bigwillq Oct 2014 #52
Carter is way off base here Aerows Oct 2014 #57
Then he is wrong Prophet 451 Oct 2014 #69
+1 billion Aerows Oct 2014 #70
NO state, no person shall take away someone else's rights, period. As Americans we should be randys1 Oct 2014 #76
Precisely Aerows Oct 2014 #77
I learned a while back that since I am neither Gay or Black/Minority, or a Woman for that matter randys1 Oct 2014 #78
Thank you Aerows Nov 2014 #79
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