Gay marriage in CA! - Mothering Forums

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#1 of 18 Old 05-15-2008, 02:16 PM - Thread Starter
 
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I (and everyone who subscribes to their email list) just got email from Kate Kendall of NCLR saying that we won the state Supreme Court case and denying access to gays and lesbians is unconstitutional!
Off to read some more headlines...
- C
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#2 of 18 Old 05-15-2008, 02:18 PM
 
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horrah mama!! Just a question, do you think that there will be a lot of couples that take advantage of this?

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#3 of 18 Old 05-15-2008, 02:20 PM
 
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Ha, while I was typing you beat me to it!

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#4 of 18 Old 05-15-2008, 02:22 PM - Thread Starter
 
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We would - but domestic partners already get most of the state benefits.
The real prize would be federal benefits (with or without the term 'marriage' as far as I'm concerned.)
Now, I'm going to worry that this will kill Obama's (or Hillary's) chance in the fall! (MA was certainly part of Kerry losing last time around.)
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#5 of 18 Old 05-15-2008, 02:24 PM
 
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what are the federal benefits? I'm just a silly little straight girl from Ohio.

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#6 of 18 Old 05-15-2008, 02:41 PM - Thread Starter
 
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when you go on vacation from Ohio to any other state, you are still married. If I leave CA, I need to bring a power of attorney for health care form to have a chance to ensuring that my partner would be allowed to see me in the hospital and make decisions for me.
tax filing, you file as married and if there's any disparity in incomes, that's a huge win
estate taxes - when one of us dies, the other will first have to prove that we already own half the estate and then inherit the other half. Then, we will owe estate taxes on that half (which are waived for property passing from one spouse to the other on death). Actually, proving that you own half your house is tricky anyway, especially if you've made unequal contributions to the mortgage and upkeep. (I'm a SAHM, so I haven't contributed financially to the house in nearly 5 years.)
Also on death, there's social security survivor's benefits - again, pretty big for a SAHM with little recent income of my own.
You cannot be forced to testify against a spouse, but can be compelled to testify against a domestic partner. (Whatever - I don't expect either of us to be arrested for anything, but it's still a federal right.)
If you work for the federal gov't (like the state department), there are a whole slew of benefits that spouses get that partners don't wrt relocation and languages, etc.
I think around the time of DOMA (the "defense" of marriage act), there was a CBO report that said there were either 1300 or 13000 (I forget how many 0's) benefits that come with federal marriage recognition.
- C
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#7 of 18 Old 05-15-2008, 02:51 PM
 
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I'm so excited!!! My DP and I were already planning to get "married" or I should say Domestic Partnered in August, and I just called her this morning and told her that we'll be married, with a marriage license and all! It won't actually give us more benefits than the Domestic Partnership, but just the fact that it's a marriage license and legally recognized as not "different" than straight marriage in our state really means a lot to us. Of course, the real fight will be federally-recognized marriage. It's coming!

I, too, hope that it doesn't become a ridiculous wedge issue!

There are currently 1049 federal marriage benefits.

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#8 of 18 Old 05-15-2008, 04:24 PM
 
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I'm so glad that CA has gay marriage! 2 down, 48 to go...not fast enough in my opinion, but it's a start.

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#9 of 18 Old 05-15-2008, 05:24 PM
 
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It's days like these when I wish I still lived in california. Maine has a long way to go.
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#10 of 18 Old 05-15-2008, 05:30 PM
 
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This is wonderful news! YAY!!

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#11 of 18 Old 05-15-2008, 05:47 PM
 
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I was so happy to hear the news earlier!!!

I think I might be going to San Francisco pride this year (!!!), so now I feel like I'll be getting to go down and be a part of celebrating the news! Oh I'm so excited. hehe.

For anyone just stopping in here and curious, here's a few articles:
http://www.latimes.com/news/local/la...,6182317.story
http://www.sfgate.com/cgi-bin/articl...NC5K.DTL&tsp=1
http://www.sfgate.com/cgi-bin/articl...BAMU10N2SR.DTL

The photos on these stories always make me all teary. I'm such a weenie! :


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#12 of 18 Old 05-15-2008, 10:38 PM
 
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It's still 30 days until licenses will be issued, and there's already an anti-marriage constitutional ammendment headed to the ballots in November, but yes, it's still friggin' thrilling news. :

Here's a mainstream CA newpaper's take (skip the middle bits, they'll just piss you off).
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#13 of 18 Old 05-16-2008, 02:15 AM
 
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: Yayy!!!! I know, I read the articles, and some people are stupid, etc, but I am so incredibly happy for California for ruling this way!! Federal benefits would absolutely rock. Each little victory is a step in the right direction! Way to go Cali!!!

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#14 of 18 Old 05-16-2008, 09:43 AM
 
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Woohoo!!! Too bad I live in the ever backward state of Georgia.
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#15 of 18 Old 05-16-2008, 09:52 AM
 
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Do you have to be a California resident to get married there? California in general has pretty liberal laws about who can serve as officiant, etc.

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#16 of 18 Old 05-16-2008, 10:30 AM
 
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It seems that the LA times article addresses the cases of the people married in San Francisco in 2004-I believe the court rulling makes the case that their marriages were valid! This is a wonderful thing, especially for the couples who had been life partners for 10-30 years and were finally able to be married.
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#17 of 18 Old 05-16-2008, 11:40 AM
 
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I thought the federal defense of marriage act still made it impossible to get federal marraige benefits even if your state made it legal.

I know that the university I work for in Indiana offers insurance benefits for my DP, but the federal government doesn't recognize our relationship, so we pay taxes on every penny the university spends for DP's health insurance. What this means is that a straight married couple pay $1 per month for health insurance, but we pay $175 per month.

Tell me if I'm wrong, does the above not hold true in CA or MA?

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#18 of 18 Old 05-16-2008, 12:44 PM - Thread Starter
 
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Quote:
Originally Posted by pranava View Post
I thought the federal defence of marriage act still made it impossible to get federal marraige benefits even if your state made it legal.

I know that the university I work for in Indiana offers insurance benefits for my DP, but the federal government doesn't recognize our relationship, so we pay taxes on every penny the university spends for DP's health insurance. What this means is that a straight married couple pay $1 per month for health insurance, but we pay $175 per month.

Tell me if I'm wrong, does the above not hold true in CA or MA?
Yup - you are exactly right Pranava. But, in CA even with domestic partnerships, we at least don't have to pay state income taxes on the imputed income.

Defenestrator - if I read it right, you *can* get married in CA, but as I recall from when VT started recognizing civil unions, folks from out of state want to use extra caution... VT had a residency requirement for divorce, which was the same process for disolving a civil union. So, even though there is no residency requirement to get into a civil union, CU'd partners who broke up had to have one of the partners move to VT for 6 months to legally separate. (This has implications on stuff like credit and perhaps the ability to get married/CU'd/DP'd elsewhere.) I don't know if this was resolved to eliminate this or if it would apply to CA and/or MA.
I know it's not fun thinking about the end of a relationship, especially when you are committed enough to consider marriage. But, my parents were married for 25 years and then divorced, so I see that it can happen.
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