same sex marriage

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Bernie Cosell

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May 4, 2022, 12:28:25 AMMay 4
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I have heard that same-sex marriage is next on the Christian warriors
agenda. I have some friends who are very scared about that prospect.
I'm trying to understand how that would work. Assuming that Obergefell was
overturned, what would happen? Could they try to retroactively undo
existing marriages? Would a married couple going to a red state be
arrested? If they moved to a red state, could they not allow them joint
owner ship of stuff? And the usual stuff: medical releases and such.

I'm guessing it'd be OK to discriminate against them [e.g, no motel
allowing them a room]

Side question - it got me wondering about different states' differing rules
for who can marry [ignoring same-sex]: close relatives, minimum age. For
example, what happens now if someone gets married in a state where the
minimum age is 16 and they go to a state where the minimum age is 18?

/Bernie\
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Bernie Cosell Fantasy Farm Fibers
ber...@fantasyfarm.com Pearisburg, VA
--> Too many people, too few sheep <--

John Levine

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May 4, 2022, 12:53:24 AMMay 4
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According to Bernie Cosell <ber...@fantasyfarm.com>:
>I have heard that same-sex marriage is next on the Christian warriors
>agenda. I have some friends who are very scared about that prospect.
>I'm trying to understand how that would work. Assuming that Obergefell was
>overturned, what would happen? Could they try to retroactively undo
>existing marriages?

Given how extreme the current court is, it's hard to predict.

>Side question - it got me wondering about different states' differing rules
>for who can marry [ignoring same-sex]: close relatives, minimum age. For
>example, what happens now if someone gets married in a state where the
>minimum age is 16 and they go to a state where the minimum age is 18?

The Full Faith and Credit clause of Article IV means that one state
has to recognize marriages from another state. In the early 1900s
there were some funky cases where a spouse went to another state
(usually Nevada) to get a divorce, and the other spouse, never having
been to Nevada, claimed they were still married. In one particularly
fun case, two people who were married to other people went to Nevada,
each got divorced, the two got married, and returned to the home state
which then charged them with bigamay. But that was a long time ago and
states now all recognize each other's divorces. I gather it is
extremely unclear whether US states recognize polygamous marriages
that happened in countries where they are legal.

I have no idea whether the court would say that somehow Full Faith and
Credit doesn't apply to same-sex marriages. The legal basis for that
would be rather contrived but that doesn't seem to have slowed them
down much.


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Regards,
John Levine, jo...@taugh.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. https://jl.ly

Bernie Cosell

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May 5, 2022, 10:00:08 AMMay 5
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Bernie Cosell <ber...@fantasyfarm.com> wrote:

} I have heard that same-sex marriage is next on the Christian warriors
} agenda. I have some friends who are very scared about that prospect.
} I'm trying to understand how that would work. Assuming that Obergefell was
} overturned, what would happen? Could they try to retroactively undo
} existing marriages? Would a married couple going to a red state be
} arrested? If they moved to a red state, could they not allow them joint
} owner ship of stuff? And the usual stuff: medical releases and such.

One additional thought/worry. Just as many states have abortion-trigger
laws on the books that have been blocked by Roe but will spring to life
if/when it is reversed, the same is true for same-sex marriage. It turns
out that the Virginia constitution includes the mandate that in this state
a marriage shall consist of one man and one woman. So if Obergefell is
reversed there will be an *instant*, scary legal mess in many states.

/B\
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