DOMA & Prop 8 Topic

Posted by tecwrg on 12/23/2013 6:21:00 PM (view original):
Remember when BL insisted "what could possibly go wrong?" by allowing same-sex marriage?

I present to you: North Dakota.
Not reading through all the bullshit because I'm sure it's you guys running in circles, but this is pretty easy.  North Dakota (and any other state) can recognize that if someone has a same-sex marriage in another state, they clearly see themselves as married.  So while you don't have to recognize the SSM, you understand what the one who wants to be married again is trying to accomplish.  It's illegal.  If you have a marriage license in another state, you're trying to get multiple partners through marriage.  Deny them a marriage license. 
1/2/2014 9:49 AM

It's not really that simple.

1/2/2014 10:27 AM
Why not?
1/2/2014 10:28 AM
Posted by MikeT23 on 12/30/2013 1:03:00 PM (view original):
Bill:  "So you're saying I can't marry Jane because I'm married to Jim in MA.  Yet I can't give spousal benefits to Jim because I'm not legally married in the eyes of North Dakota?"

Yeah, no problem here. 
^^^^^

Although you're too dumb to understand that they're just trying to push a legal battle into court in order to force legalization of SSM in all states.
1/2/2014 10:34 AM
Posted by MikeT23 on 1/2/2014 10:34:00 AM (view original):
Posted by MikeT23 on 12/30/2013 1:03:00 PM (view original):
Bill:  "So you're saying I can't marry Jane because I'm married to Jim in MA.  Yet I can't give spousal benefits to Jim because I'm not legally married in the eyes of North Dakota?"

Yeah, no problem here. 
^^^^^

Although you're too dumb to understand that they're just trying to push a legal battle into court in order to force legalization of SSM in all states.
Regardless of what happens with Jane, you can't give spousal benefits to Jim in ND. So that's irrelevant.

The only issue is, can you marry Jane in ND?

I think we all agree that the answer in this scenario should be no, you can't because you are already legally married in another state.
1/2/2014 10:44 AM
It can be simple.  The answer is no.  You're already married, even though my state doesn't recognize you're married.  YOU recognize that you're married, so you can't get married again.
1/2/2014 10:47 AM
And off to court you go.   Which is, of course, the goal. 
1/2/2014 10:48 AM
OK.  Have fun in court.  The court should also make this ruling.  Common sense should prevail. 
1/2/2014 10:52 AM
If the powers that be didn't think they could win in court, we wouldn't be talking about ND's situation. 
1/2/2014 10:59 AM
Posted by MikeT23 on 1/2/2014 10:59:00 AM (view original):
If the powers that be didn't think they could win in court, we wouldn't be talking about ND's situation. 
Mike and his tinfoil hat.
1/2/2014 11:18 AM
Posted by MikeT23 on 1/2/2014 10:48:00 AM (view original):
And off to court you go.   Which is, of course, the goal. 
To challenge what, exactly?
1/2/2014 11:18 AM
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Posted by MikeT23 on 1/2/2014 11:46:00 AM (view original):
If you'd like to read the thread again, I'm sure you'll find that I said the goal was to "crack the door".   Once that's done, you can't get it closed again.  Legalizing SSM in some states will force a change in laws in others.   SSM will be legal in all states eventually(said that too).   Getting the states that don't allow it into court is the next logical step.

But, as discussed previously, you're too dumb to understand this. 
Since I'm so dumb, take me through it.

Who would be suing the state of North Dakota in this scenario?
1/2/2014 11:59 AM
Yea, I'm having trouble following the chain.  They're going to sue ND for not being allowed to marry in ND, with the argument of "you don't recognize this marriage license, so let me get married."  How does that become "now SSM is legal in ND"?  I get your idea in general, but I'm not sure how the leap is made.  
1/2/2014 12:04 PM
ND will have to refuse a marriage license based on the legal marriage in another state(thus recognizing it as a legal marriage).  Then it becomes a spousal benefit issue.

ND could issue a marriage license based on the fact that they don't recognize SSM in other states.   That would create a polygamy issue.

ND could just cave and allow SSM because they can't win the other two in court.


As for who would take ND to court, it would be the individual being denied or SSM advocates.
1/2/2014 1:09 PM
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DOMA & Prop 8 Topic

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