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LGBT Civil Rights and Activism

karynnj

(60,040 posts)

3. You need to look at two cases: 1) as it is now and 2) if the SC over turns same sex marriage rights

Reply to BrienDoesIt (Original post)

Wed Nov 16, 2022, 05:42 PM

Nov 2022

In the first case, the new law does nothing. All states must allow interracial and same sex marriage.

In the second case, where the SC overturns that right, it does several things:
It gives the federal rights of marriage and there are many to all marriages recognized by a state.
It requires ALL states to recognize a marriage already granted in another state.

As you point out, it does NOT totally codify the current SC ruling. As you noted, it does not require a state that opts not to to grant marriage licenses.

Summary, is it as good as the current status quo ... no. However, what you ignore is that if the SC eliminates the right, it is far better to have this bill pass than to have nothing.

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Does this new law allow states to discriminate against gay people? [View all] BrienDoesIt Nov 2022 OP

Looking forward to this discussion. ShazzieB Nov 2022 #1

Here's a decent article on how things could play out. Solly Mack Nov 2022 #2

So it's exactly as I thought - it still allows states to discriminate. BrienDoesIt Nov 2022 #5

It offers federal protections but if Obergefell falls, states that want to discriminate can, yes Solly Mack Nov 2022 #6

I think the fed protections are a good thing. Very much so. BrienDoesIt Nov 2022 #7

That is one of the many questions - how it plays out on the state level Solly Mack Nov 2022 #8

No one I'm discussing this with gets that. BrienDoesIt Nov 2022 #9

You need to look at two cases: 1) as it is now and 2) if the SC over turns same sex marriage rights karynnj Nov 2022 #3

I'm not asking for this law to not go through.... BrienDoesIt Nov 2022 #4

It isn't a step backwards. Just a tiny step forward as laws go. ColinC Nov 2022 #10

But isn't it giving states the right to deny you a marriage license? BrienDoesIt Nov 2022 #11

It is. Which is how it is already as far as the laws on the books. ColinC Nov 2022 #12

What good is the progress if, in order to be protected by it, I have to take a vacation to get it? BrienDoesIt Nov 2022 #14

That's kinda how progress works unfortunately ColinC Nov 2022 #15

You're not wrong. At all. BrienDoesIt Nov 2022 #17

It is not a step backwards because it ONLY has consequence if the SC acts karynnj Nov 2022 #13

I guess I don't see it this way. BrienDoesIt Nov 2022 #16