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Defense of Marriage Act (DOMA) Up for US Supreme Court Review This Week...

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mecch:
It lost early, to Friends, in vultures Best Series Ever contest.
http://www.vulture.com/2013/02/golden-girls-vs-friends-sitcom-smackdown.html

But everyone is talking about how shows with messages and progressive politics are one important contribution to US culture changing on gay civil rights....  And Friends... Great show but very limited messaging...

tednlou2:
Something just dawned on me tonight.  Not sure why I didn't think of it before. 

I have friends from KY, who were married in states, such as New York.  We had actually planned to marry there on 12/12/12.  If DOMA is knocked down, then that would mean gay, married couples would be eligible for Social Security benefits and more, right?  Would those couples who married there from other states get those benefits, such as SS benefits?  Or, would you actually have to be a legal resident?  What about inheritance taxes? 

Are inheritance taxes tied to the state you legally reside in, or does it not matter?  Some people have homes/assets in different states that get passed along, after death.  If you married in New York and had assets there, such as property, but legally reside in KY, would the surviving partner be exempt from paying inheritance tax on the New York property, because you are a legally married couple there, but have to pay it for the KY home, because you wouldn't be considered a legal married couple here, and your name wasn't on the property?   

It is complicated and I am sure I am wording this very badly.  On the flip side, if you do legally reside in New York, but have a vacation home in Florida, would the surviving spouse be responsible for tax on the Florida home?  I always thought when talking inheritance tax on assets such as property, it didn't matter where that property was located.  The federal govt adds up the assets you inherited and gives you a tax bill.  They do not care where the assets are?  In a straight marriage, these question don't come up, because you're legally married in every state, so the spouse would be exempt.  And, does it all go back to legally residing in the state that recognizes gay marriages to reap the benefits? 





tednlou2:
Appears everyone here is stumped and confused, as well.  I think I found the answer.  Colbert had a guest on, who says if you marry in one of the gay marriage states and move to Georgia, then the federal government doesn't have to give you the benefits.  She seemed a little uncertain, to me.  I think most are, because it is new territory.  I would think the president would have the power to do some executive order to make the IRS, Social Security, etc, to include legally married gays, regardless of where they live now.

Colbert interview about the cases, and he asks the same question I had. 

http://m.comedycentral.com/colbertnation_video.rbml?id=supreme-court-hearings-on-gay-marriage---emily-bazelon

Modified to add Part 2 of interview

http://m.comedycentral.com/colbertnation_video.rbml?id=supreme-court-hearings-on-gay-marriage---emily-bazelon-pt--2

buginme2:
I.don't think that's right.  If you are legally married in Massachusetts and move to Texas that shouldn't affect your federal benefits.

Not only that, once DOMA is gone, technically if you are married in one state every other state would need to recognize it per the full faith in credit clause of the constitution.  However, that may be . another court fight.

mecch:
I wish there were a power lesbian couple coming before the court, where one is black and the other white. And the black one is an ivy educated corporate lawyer and the white one a veteran, and public school teacher. And they could start making arguments about how they need to keep their marriage rights cause they are moving to a state where their marriage isn't recognised.. And the Judges ask questions showing that its up to the states, and how same-sex marriage rights are best dealt by the states. And the black woman addresses the court and says, there was a time when I would not have been able to
1)
and
2)
3)
4)
5)
6)
listening all the civil rights guaranteed to her by Court decisions.

"But now you say I can't have the benefits of my marriage to my white wife because of some religious beliefs? Right, let me make sure I get this correct? "

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