Saturday, August 21, 2010

Now that the state of New York is legislating to recognize gay marriage, is federal recognition not far behind

%26gt;%26gt;%26gt;%26gt;%26gt;%26gt;%26gt;%26gt;New York Gov. David Paterson instructed state agencies 鈥?including those governing insurance and health care 鈥?to immediately change policies and regulations to recognize gay marriages.





For years, gay rights advocates have sought recognition for same-sex marriages so couples could share family health care plans, receive tax breaks by filing jointly, enjoy stronger adoption rights and inherit property.%26lt;%26lt;%26lt;%26lt;%26lt;%26lt;%26lt;%26lt;Now that the state of New York is legislating to recognize gay marriage, is federal recognition not far behind
No. It is very clear that just because one State passes laws recognising marriages contracted within that State, Congress is not going to change the Federal laws. Although marriages, and the form they take, can be contracted within a given State, it is Federal legisalation which allows those marriages to be recognised federally, and in every state of the Union.





The Federal Govrenment, - the Administraltion in Washington - and Congress has bipartisanly dcelared that marriage is between a man and a woman and that the Deferal Govt is NOT going to change its Marriage Act to recognise gay marriages, so they are accepted nationally throughout the Union.





The only option is for all 50 states to individually legislate...and considering SOME of the states and their political and social climates, this is not something that is going to happen soon.





How does someone from Australia know what's happening with a Federal system? We have one ourselves...and both major political parties dupported a change to our 1961 Marriage Axct (Federal) to change the deginition of marriage to a 'union between a man and a woman' back in 2004, instead of the previous 'union between two persons' which would have led to recognition, not only of gay marriages if State or Territory legislatures passed such laws, but barred recognition of gay marriages contracted overseas.





This is the same reason the US Administration will not change its laws. It's not just individual States it is concerned about, but people wanting their marriages recognised, that were contracted in other countries...like Canada.





Here, our Federal capital, canberra, is in a self-governing territory, the Australian Capital Territory, with its own Parliament. Howvere, the Federal Government can veto or annul any laws made by territorial parliaments (not State ones...in the State-Federal relationship though if there is a conflict between State and Federal law, Gederal takes precedence. This means States cannot enact gay marriage legislation...but civil unions are another thing. The ACT tried for a gay marriages, and had it quashed. They tried for civil unions...and it has been quashed too.





Meanwhile, our Human Rights and Equal Opportunities Commission identified 57 Federal laws which discriminate against gays and gay couples. On closer inspection, to implement the recommendations of their report, it was found 98 laws were discriminatory, and are being removed.





Marriage is not one of them, though.





And things will not change in the foreseeable future, for either of our countries.Now that the state of New York is legislating to recognize gay marriage, is federal recognition not far behind
ohhhhh, unfortunately, Federal recognition is FAR behind and will continue to be...





It's a huge step for NY, thus being a huge step for the country but we still have a long way to go.





AND, in this recogntion of gay marriages, they are NOT recognizing civil unions, which are more prevalent than gay marriages, which can only be done in one state (Cali) since Massachusetts has residency requirements.
David S, your first respondent, is not the same David S as I and I have to disagree with him. He said, ';Federal recognition is irrelevant, because the states decide their own policy on this issue.';





For me, Federal recognition IS relevant because my BF is not a US citizen and we would like to be married and have him become a citizen. This is a Federal issue, not a state issue. And if he could be a citizen, then he could work and pay taxes to the IRS, a Federal agency. And when I die and leave him my fortune, then the IRS would NOT take a big chunk of it if our marriage were recognized by the Feds.





As for what to expect in the future, well, nothing is going to change THIS year. Let's see what the November elections bring, not only with the presidential race, but also with how the two houses are made up, whether majority of republicans or democrats.
Let's see what happens in California. As of June 16th, any gay couple in the country will be able to come to California to get married. I hope thousands of couples will take advantage of this opportunity.





It seems likely that the f.u.c.k.i.n.g Christians will be able to get an initiative on the ballot to amend the California state constitution to nullify the court's ruling.





If they are frustrated in this attempt, it should accelerate the movement for gay marriage. If they succeed in amending our constitution to get rid of gay marriage, it will slow things down.





Our culture is definitely changing in favor of gay rights. In time I think people will see that gay marriage is as fundamental a civil right as interracial marriage. But it took a long time for interracial marriage to become legal throughout the United States after the movement to promote it started out. This will no doubt be true of gay marriage also.





Harleigh Kyson Jr.
Your question assumes that the federal government is just as liberal as the states of New York, Massachusetts, and California. Sorry, but no, it isn't that liberal.
Much as I would like to see it as imminent I don't.





Middle America may still be a lifetime away from the east and west coast.





I'd like to be wrong on this question.
Federal recognition is irrelevent, because the states decide their own policy on this issue.
I hope that my American sisters and brothers get the same rights as us in Belgium. Legal gay marriage and legal gay adoption!


I really hope so!!!
The DOMA precludes it. Defense of Marriage Act, a misnomer, if I ever heard one.
I believe everyone should have a right to get married. Religion is very.....um...... subjective.








I think the FEDS will overrule puny state legislation...as they often do
I sure hope so....





wow, that fact that I hope so, caused someone to feel I deserve a thumbs down....





Appernetly there is some jerk roaming around thinking he needs to show his dissaproval of hope....





:P
I can't wait until the world goes down a deep dark hole.
As many people have noted here, as California goes, so does the rest of the USA. This is good news...
It's likely that it will be on the way...





Another great thing about Spitzer being gone!
i hope it is not far behide because i am gay and want to get married some day
My fingers are crossed but I will hold off on holding my breath. We still need to deal with DOMA.

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