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Thursday, July 21, 2011

DOMA Hearing

Christine Mai-Duc has the main coverage of the DOMA hearing for the Los Angeles Times.
By the time Ron Wallen and Tom Carrollo married in 2008, they had already lived most of their "good times and bad" as a same-sex couple.

They did not marry. They got a state-issued license that is given to couples who marry and to same-sex couples who ask for one and have a ceremony, provided nobody is currently subject to such a license, everyone is of age, and the two are not too closely related. The state or federal government can call it a "marriage license" but it isn't marriage without both a bride and a groom.
When Carrollo died in March, Wallen received another devastating blow: Unable to collect survivor's benefits from his partner's Social Security, Wallen's monthly income dropped from $3,050 to $900, he said — not enough to cover the mortgage on the couple's home.

Social Security was largely based on the idea that you had a division of labor between the sexes and that children were one likely result of marriage. If the breadwinning spouse died, or a minor was orphaned, there would be some money to help out. Frankly, I think of Social Security as a giant ponzi scheme and much prefer private assistance, but I'm digressing from the focus of this blog.
The repeal bill, introduced by Sen. Dianne Feinstein (D-Calif.), would allow the estimated 50,000 to 80,000 same-sex couples who have [obtained “marriage” licenses] in the District of Columbia or any of the six states where such [licenses are issued] to enjoy benefits under family leave laws, Social Security and federal tax codes.

Repeal proponents say individual states should decide whether to
[neuter] marriage.

That is one of the only times you'll ever hear a lot of these people talking about the role of states. I believe in the sincerity of the ones who are consistent federalists. So many of the others, the moment you talk about states doing something independently of the federal government or different from each other, accuse you of wanting to bring back slavery. But again I am digressing.
But in Wednesday's hearing, they focused on the issue as a matter of civil rights.

What other civil rights will be newly invented in the coming decades? How did Dr./Rev. MLK Jr. miss this one?
Rep. John Lewis (D-Ga.), who was invited to testify, compared it to his childhood during segregation in the South.

Actually, neutering marriage promotes segregation.
"All across this nation, same-sex couples are denied the very rights that you and I enjoy."

Our Construction does not talk about rights for any couples. It talks about the rights of individuals and the states. All individuals, regardless of sexual orientation, have the same access to state-licensed marriage, even if they don't want to exercise that access.

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