Can Obama or Congress create "Civil Union licenses" for SS couples?
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  Can Obama or Congress create "Civil Union licenses" for SS couples?
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Author Topic: Can Obama or Congress create "Civil Union licenses" for SS couples?  (Read 470 times)
milhouse24
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« on: March 04, 2014, 12:54:26 PM »

Marriage laws are generally left to the states.  But is there any reason that Obama or the Congress cannot create a new category for "Civil Unions" for legalizing SS couples? 

I suppose it will have to be done through the IRS to recognize Civil Unions for the 50 states.  Then all 50 states would have to accept Civil Unions for SS couples, since it is separate from "traditional marriage licenses".  Licenses can be separated into categories such as automobile, trucking, boating, etc.  It could make sense to have different categories for marriage licenses or civil unions on the IRS form.

Should Obama issue an Executive order for Civil unions?
Does DOMA prevent Obama from doing this?
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Potatoe
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« Reply #1 on: March 04, 2014, 01:20:38 PM »

Hasn't DOMA been repealed?
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #2 on: March 04, 2014, 03:27:12 PM »

The ruling in Windsor pretty much asserted, tho it did not explicitly state, that the power to sanction marriage is left to the States under the Tenth Amendment to decide.  If it were not a State power, then the United States would be free to come up with its own definition of marriage for its own uses.  So no, except to the extent that the Federal government exercises State powers when it administers the territories that are part of the United States but not part of any State, the Federal government has no such right.
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Small Business Owner of Any Repute
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« Reply #3 on: March 12, 2014, 07:55:12 PM »

Marriage laws are generally left to the states.  But is there any reason that Obama or the Congress cannot create a new category for "Civil Unions" for legalizing SS couples? 

I suppose it will have to be done through the IRS to recognize Civil Unions for the 50 states.  Then all 50 states would have to accept Civil Unions for SS couples, since it is separate from "traditional marriage licenses".  Licenses can be separated into categories such as automobile, trucking, boating, etc.  It could make sense to have different categories for marriage licenses or civil unions on the IRS form.

Should Obama issue an Executive order for Civil unions?
Does DOMA prevent Obama from doing this?

Now that marriage equality is inevitable, there's zero interest in settling for "separate but equal."

Besides, executive orders can be undone by the next president with a swipe of a pen. This is definitely not a viable route.
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