1 00:00:04,000 --> 00:00:06,960 Speaker 1: Welcome to stuff Mom Never told you from house top 2 00:00:07,000 --> 00:00:13,960 Speaker 1: works dot com. Hello, and welcome to the podcast. I'm 3 00:00:14,040 --> 00:00:18,360 Speaker 1: Kristen and I'm Caroline. And even though this podcast is 4 00:00:18,440 --> 00:00:23,280 Speaker 1: coming to you long after the news came out, let's 5 00:00:23,720 --> 00:00:28,800 Speaker 1: raise the roof for DOMA, the defensive marriage ack being 6 00:00:29,240 --> 00:00:34,960 Speaker 1: struck down as unconstitutional by the Supreme Court. Wedding bells 7 00:00:35,000 --> 00:00:38,559 Speaker 1: be ringing, y'all? Way to go? Well, wedding bells be 8 00:00:38,720 --> 00:00:43,599 Speaker 1: ringing in some states? Well, yeah, but I didn't think 9 00:00:43,640 --> 00:00:46,840 Speaker 1: it would sound as good to say like an asterisk 10 00:00:46,920 --> 00:00:52,040 Speaker 1: after right my statement. Wedding bells be ringing footnote in 11 00:00:52,280 --> 00:00:56,560 Speaker 1: the thirteen states where gay marriage is currently legal, also 12 00:00:56,720 --> 00:01:01,560 Speaker 1: the district of Columbia. See it's just bulky. That is bulky. Yeah, 13 00:01:01,720 --> 00:01:03,960 Speaker 1: so we're gonna talk about what's next for gay marriage. 14 00:01:04,000 --> 00:01:07,600 Speaker 1: To give an update on DOMA. When the DOMA ruling 15 00:01:07,680 --> 00:01:10,040 Speaker 1: came out, I posted on Facebook, looks like we need 16 00:01:10,080 --> 00:01:13,720 Speaker 1: to update our very old episode now on what's the 17 00:01:13,760 --> 00:01:19,000 Speaker 1: difference between civil unions and marriages? Because the answer to 18 00:01:19,160 --> 00:01:21,240 Speaker 1: pretty much all of that was, oh, you know, just 19 00:01:21,280 --> 00:01:25,920 Speaker 1: the one thousand plus federal statutes relating to marriage being 20 00:01:26,280 --> 00:01:29,840 Speaker 1: between a man and a woman exclusively. So now that 21 00:01:29,840 --> 00:01:32,640 Speaker 1: that is not the law of the LAMB, we wanted 22 00:01:32,680 --> 00:01:35,839 Speaker 1: to come back and say, hey, well what is the law? 23 00:01:35,920 --> 00:01:39,000 Speaker 1: Where are we now? Where did we come from, and 24 00:01:39,160 --> 00:01:44,760 Speaker 1: where are we going? Everything? Get out your gay marriage compass, 25 00:01:45,600 --> 00:01:48,240 Speaker 1: let's and let's check things out. So just for a 26 00:01:48,320 --> 00:01:51,160 Speaker 1: quick overview, though, gay marriage is currently legal in thirteen 27 00:01:51,200 --> 00:01:54,800 Speaker 1: states and DC. Like I said, uh, and thirty six 28 00:01:54,840 --> 00:01:57,480 Speaker 1: states though as far as I know, I've seen thirty five, 29 00:01:57,520 --> 00:01:59,880 Speaker 1: but thirty six states by min tality have laws on 30 00:02:00,040 --> 00:02:04,280 Speaker 1: the books banning gay marriage. And there are four states 31 00:02:04,320 --> 00:02:08,520 Speaker 1: though Colorado, Hawaii, Illinois, and New Jersey that do recognize 32 00:02:08,919 --> 00:02:12,320 Speaker 1: civil unions. So on a state by state basis, we 33 00:02:12,360 --> 00:02:18,359 Speaker 1: are a long way from gay marriage being just legal everywhere. Um, 34 00:02:18,400 --> 00:02:23,160 Speaker 1: but Caroline, the lead up to DOMA started a long 35 00:02:23,240 --> 00:02:26,560 Speaker 1: time ago, right back in nineteen seventy two, in the 36 00:02:26,560 --> 00:02:31,040 Speaker 1: case Baker versus Nelson, the Supreme Court dismissed a challenge 37 00:02:31,080 --> 00:02:34,639 Speaker 1: to a Minnesota ruling that gay couples have no constitutional 38 00:02:34,720 --> 00:02:38,079 Speaker 1: right to marry because it failed to raise a substantial 39 00:02:38,320 --> 00:02:43,440 Speaker 1: federal question. Yeah, and as an addendum to that Baker v. 40 00:02:43,560 --> 00:02:46,760 Speaker 1: Nelson case, as of two thousand and twelve, the Associated 41 00:02:46,760 --> 00:02:49,720 Speaker 1: Press reported that Jack Baker and Michael McConnell, who were 42 00:02:49,720 --> 00:02:53,880 Speaker 1: the ones who brought that challenge, are still together. Love 43 00:02:53,960 --> 00:02:56,520 Speaker 1: rules Well yeah, I love is love. Um. Then in 44 00:02:56,639 --> 00:03:02,040 Speaker 1: nineteen this is the year that things really started moving 45 00:03:02,160 --> 00:03:06,280 Speaker 1: for better or for worse. Um. The Hawaii Supreme Court 46 00:03:06,800 --> 00:03:09,480 Speaker 1: decided in the case Bear versus Lewin that it was 47 00:03:09,639 --> 00:03:13,520 Speaker 1: unconstitutional to deny three gay couples of freedom to marry 48 00:03:13,600 --> 00:03:18,520 Speaker 1: because it discriminated on the basis of sex. Right. The 49 00:03:18,560 --> 00:03:21,280 Speaker 1: court said the band could only be upheld if the 50 00:03:21,320 --> 00:03:25,639 Speaker 1: state could demonstrate how the ban quote furthers compelling state 51 00:03:25,680 --> 00:03:29,560 Speaker 1: interests and is narrowly drawn to avoid unnecessary abridgments of 52 00:03:29,639 --> 00:03:33,800 Speaker 1: constitutional right. So, okay, you can have a band, but 53 00:03:33,880 --> 00:03:37,320 Speaker 1: as long as it's not actually infringing on rights, which 54 00:03:37,400 --> 00:03:40,600 Speaker 1: which it absolutely was doing in the eyes of the 55 00:03:40,640 --> 00:03:43,640 Speaker 1: Hawaiian Supreme Court because of that discrimination on the basis 56 00:03:43,720 --> 00:03:46,000 Speaker 1: of sex, because the only thing holding these people back 57 00:03:46,040 --> 00:03:49,240 Speaker 1: from getting married was the fact that it was people 58 00:03:49,280 --> 00:03:53,520 Speaker 1: of the same sex who wanted to get married. Now. 59 00:03:53,520 --> 00:03:57,400 Speaker 1: Not surprisingly though, that set off a number of alarm 60 00:03:57,440 --> 00:04:03,560 Speaker 1: bells for politicians in particular who were proponents of quote 61 00:04:03,600 --> 00:04:08,400 Speaker 1: unquote traditional marriage, which is obviously marriage between man and woman. 62 00:04:08,840 --> 00:04:14,960 Speaker 1: Right in Republican presidential candidates all pledged to protect marriage 63 00:04:14,960 --> 00:04:17,919 Speaker 1: between a man and a woman during the Iowa CAUCUSUS 64 00:04:18,000 --> 00:04:21,559 Speaker 1: and a little bill known as the Defensive Marriage Act 65 00:04:21,960 --> 00:04:27,440 Speaker 1: was filed in May in Congress, and on September twenty one, 66 00:04:27,839 --> 00:04:32,880 Speaker 1: President Clinton, yes, President Clinton, signed DOMA into law. And 67 00:04:32,920 --> 00:04:36,799 Speaker 1: that's something that's a detail about the Defensive Marriage Act 68 00:04:36,920 --> 00:04:41,440 Speaker 1: that's often swept aside a little bit because obviously we 69 00:04:41,440 --> 00:04:44,880 Speaker 1: we think about Clinton as as a really liberal president, 70 00:04:44,960 --> 00:04:48,480 Speaker 1: which he certainly was. At the same time, he signed 71 00:04:48,480 --> 00:04:53,640 Speaker 1: this legislation into law that had such harsh penalties for 72 00:04:53,720 --> 00:04:57,000 Speaker 1: a core of his supporters, which were you know, LGBT 73 00:04:57,640 --> 00:05:00,200 Speaker 1: voters who felt very betrayed by the fact it he 74 00:05:00,279 --> 00:05:03,960 Speaker 1: signed this. And in researching for the podcast, there are 75 00:05:04,400 --> 00:05:07,760 Speaker 1: some articles from the New York Times talking about his 76 00:05:08,200 --> 00:05:12,279 Speaker 1: apparent conflict was signing it. He did it at one 77 00:05:12,320 --> 00:05:14,760 Speaker 1: in the morning after he had just come back to 78 00:05:14,880 --> 00:05:17,479 Speaker 1: the White House from a trip, and he did it 79 00:05:17,560 --> 00:05:19,919 Speaker 1: late at night because there wouldn't be pressed around. He 80 00:05:19,960 --> 00:05:24,040 Speaker 1: didn't want photographic evidence of him signing. He didn't want 81 00:05:24,120 --> 00:05:28,440 Speaker 1: a formal signing session. Uh for this bill that he 82 00:05:28,560 --> 00:05:32,320 Speaker 1: would remain pretty conflicted about. And he released his statement 83 00:05:32,680 --> 00:05:35,840 Speaker 1: prior to him signing DOMA, and he said, I've long 84 00:05:35,880 --> 00:05:39,560 Speaker 1: opposed governmental recognition of same gender marriages, and this legislation 85 00:05:39,640 --> 00:05:42,520 Speaker 1: is consistent with that position. The Act confirms the right 86 00:05:42,560 --> 00:05:45,080 Speaker 1: of each state to determine its own policy with respect 87 00:05:45,080 --> 00:05:47,680 Speaker 1: of the same gender marriage, and clarifies, for the purposes 88 00:05:47,680 --> 00:05:51,120 Speaker 1: of federal law the operative meaning of the terms marriage 89 00:05:51,600 --> 00:05:56,240 Speaker 1: and spouse. And while Clinton has certainly recanted in a 90 00:05:56,240 --> 00:06:01,400 Speaker 1: way for signing DOMA and obviously is publicly pro gay 91 00:06:01,480 --> 00:06:05,920 Speaker 1: marriage now and is a supporter of rights, equal rights 92 00:06:05,960 --> 00:06:13,760 Speaker 1: for LGBT people. Um, that does not erase what DOMA did. 93 00:06:14,000 --> 00:06:17,680 Speaker 1: So what did DOMA do well? It discriminated Christen Yeah. Um, 94 00:06:17,720 --> 00:06:21,800 Speaker 1: there are two specific sections that we should focus on. 95 00:06:22,080 --> 00:06:25,000 Speaker 1: Those are sections two and three of the Act. Section 96 00:06:25,080 --> 00:06:28,560 Speaker 1: two says that states may disrespect the marriages of same 97 00:06:28,600 --> 00:06:31,640 Speaker 1: sex couples if they choose as a matter of their 98 00:06:31,720 --> 00:06:36,599 Speaker 1: own public policy. That puts it on the states. Section three, however, 99 00:06:36,880 --> 00:06:40,120 Speaker 1: that's what the focus of this big Supreme Court decision was. 100 00:06:40,400 --> 00:06:43,880 Speaker 1: Section three applied only to the federal government. It overrides 101 00:06:44,320 --> 00:06:46,640 Speaker 1: state law to say that same sex couples are not 102 00:06:46,800 --> 00:06:48,680 Speaker 1: married in the eyes of the federal government, and that 103 00:06:48,720 --> 00:06:52,520 Speaker 1: marriages aren't recognized for the purpose of federal laws and programs. 104 00:06:52,920 --> 00:06:56,839 Speaker 1: The word marriage only applies to heterosexual couples, and spouse 105 00:06:57,040 --> 00:07:01,320 Speaker 1: only refers to an opposite sex partner. And this, my friends, 106 00:07:01,440 --> 00:07:04,880 Speaker 1: is what the Supreme Court struck down because it violates 107 00:07:04,920 --> 00:07:09,320 Speaker 1: the Constitution's Equal Protection clause. Yeah, that part about the 108 00:07:09,440 --> 00:07:14,800 Speaker 1: states still having the legislative power to disrespect marriages of 109 00:07:14,880 --> 00:07:17,160 Speaker 1: same sex couples if they choose as a matter of 110 00:07:17,160 --> 00:07:19,720 Speaker 1: their own public policy is still in place. I don't 111 00:07:19,760 --> 00:07:23,360 Speaker 1: believe it. Scotus ruled on section two. It more struck 112 00:07:23,400 --> 00:07:27,160 Speaker 1: down section three. But what that meant in more practical 113 00:07:27,320 --> 00:07:31,200 Speaker 1: terms for same sex couples was not just that they 114 00:07:31,240 --> 00:07:34,880 Speaker 1: couldn't get married. It effectively established more than one thousand 115 00:07:35,280 --> 00:07:39,840 Speaker 1: federal laws relating to marital status, which in turn denied 116 00:07:39,880 --> 00:07:44,120 Speaker 1: gay couples a host of rights, including preventing them from 117 00:07:44,160 --> 00:07:48,320 Speaker 1: obtaining government healthcare benefits that they would otherwise receive. It 118 00:07:48,360 --> 00:07:51,840 Speaker 1: deprived them of the Bankruptcy Code special protections for domestic 119 00:07:51,880 --> 00:07:55,720 Speaker 1: support obligations, forced them to follow a complicated procedure to 120 00:07:55,760 --> 00:08:00,000 Speaker 1: follow their state and federal taxes jointly. It prohibited them 121 00:08:00,000 --> 00:08:03,680 Speaker 1: from being buried together in veterans cemeteries. It raised the 122 00:08:03,720 --> 00:08:06,400 Speaker 1: cost of health care for families by taxing health benefits 123 00:08:06,440 --> 00:08:10,560 Speaker 1: provided by employers to their workers same sex spouses. It 124 00:08:10,560 --> 00:08:14,120 Speaker 1: also denied or reduced benefits allowed to families uppon the 125 00:08:14,120 --> 00:08:17,800 Speaker 1: loss of a spouse or parent, restricted hospital visitation rights, 126 00:08:18,520 --> 00:08:22,640 Speaker 1: denied them health insurance for spouses of federal workers. Uh. 127 00:08:22,640 --> 00:08:25,520 Speaker 1: It denied them a state and gift tax exemptions, which 128 00:08:25,560 --> 00:08:27,920 Speaker 1: is something we will come back to. And it also 129 00:08:28,480 --> 00:08:33,040 Speaker 1: denied them the ability to automatically file those joint income taxes, 130 00:08:33,320 --> 00:08:36,960 Speaker 1: possibly meaning that they lost on thousands of dollars per year. 131 00:08:37,440 --> 00:08:40,200 Speaker 1: And that's just the start of it, because again, this 132 00:08:40,400 --> 00:08:45,680 Speaker 1: established more than one thousand federal laws. Well, but let's 133 00:08:45,679 --> 00:08:49,720 Speaker 1: look at some some positives. Let's positive pull me out, Caroline, 134 00:08:50,000 --> 00:08:52,760 Speaker 1: I'm throwing your rope, Christen, and not to hang yourself with. 135 00:08:52,840 --> 00:08:55,960 Speaker 1: Come on out of that hole, all right. So, uh, 136 00:08:56,080 --> 00:08:59,280 Speaker 1: let's look at some gay marriage milestones, some some strides 137 00:08:59,400 --> 00:09:03,960 Speaker 1: that have been made. And in California passed its first 138 00:09:04,000 --> 00:09:07,640 Speaker 1: statewide domestic partner law and continued to expand it. In 139 00:09:07,760 --> 00:09:12,080 Speaker 1: January two thousand, they began registering domestic partners. So also 140 00:09:12,120 --> 00:09:15,800 Speaker 1: in in December of that year, Vermont passed the first 141 00:09:15,840 --> 00:09:19,040 Speaker 1: civil union law, which took effect in two thousand. It 142 00:09:19,160 --> 00:09:22,160 Speaker 1: ruled that gay couples should have the same rights as 143 00:09:22,160 --> 00:09:25,920 Speaker 1: heterosexual couples. And in November two thousand three, we have 144 00:09:25,960 --> 00:09:29,480 Speaker 1: the case Goodridge versus Department of Public Health, a decision 145 00:09:29,520 --> 00:09:32,440 Speaker 1: that paved the way from Massachusetts to become the first 146 00:09:32,480 --> 00:09:37,400 Speaker 1: state to actually legalize gay marriage. And while there are 147 00:09:37,679 --> 00:09:39,720 Speaker 1: plenty of other milestones that we could touch on, just 148 00:09:39,800 --> 00:09:45,560 Speaker 1: for time's stake, let's go ahead and move to the 149 00:09:45,600 --> 00:09:50,200 Speaker 1: Supreme Court case that overturned that Section three of DOMA 150 00:09:50,280 --> 00:09:53,720 Speaker 1: that everyone has been celebrating recently. This is the case 151 00:09:53,960 --> 00:09:58,880 Speaker 1: Winsor versus United States, and at issue was whether or 152 00:09:58,880 --> 00:10:02,319 Speaker 1: not section three of the Defensive Marriage Act, which defines 153 00:10:02,360 --> 00:10:05,240 Speaker 1: the term marriages for all purposes under federal law as 154 00:10:05,360 --> 00:10:08,360 Speaker 1: quote only a legal union between one man and one 155 00:10:08,360 --> 00:10:11,440 Speaker 1: woman as husband and wife. Whether that deprives same sex 156 00:10:11,480 --> 00:10:14,199 Speaker 1: couples who are lawfully married under the laws of their state, 157 00:10:14,600 --> 00:10:18,280 Speaker 1: such as New York, of equal protection of the laws 158 00:10:18,320 --> 00:10:22,240 Speaker 1: as guaranteed by the Fifth Amendment of the Constitution of 159 00:10:22,280 --> 00:10:25,360 Speaker 1: the United States. Yeah, so who was at the center 160 00:10:25,400 --> 00:10:27,839 Speaker 1: of this. She's been in the news quite a bit. 161 00:10:27,880 --> 00:10:32,559 Speaker 1: She's fascinating and fabulous and has fantastic hair. Eadie Windsor, 162 00:10:33,640 --> 00:10:37,400 Speaker 1: who was with her partner, THEA Spire for forty two years. 163 00:10:37,400 --> 00:10:41,040 Speaker 1: They got married in two thousand seven in Toronto. Now, 164 00:10:41,080 --> 00:10:45,800 Speaker 1: when THEA passed away, Eadie was strapped with a three 165 00:10:45,880 --> 00:10:50,320 Speaker 1: hundred and sixty three thousand and fifty three dollars inheritance 166 00:10:50,400 --> 00:10:53,319 Speaker 1: tax bill, and she fought it in court, the argument 167 00:10:53,360 --> 00:10:56,199 Speaker 1: being that they weren't legally married in the United States, 168 00:10:56,200 --> 00:11:00,120 Speaker 1: so Winsor had to pay this tax bill. Now, if 169 00:11:00,120 --> 00:11:03,000 Speaker 1: the government had recognized the marriage between the two, under 170 00:11:03,000 --> 00:11:06,320 Speaker 1: federal laws, spouse who dies can leave her assets to 171 00:11:06,320 --> 00:11:10,240 Speaker 1: the other spouse without incurring estate taxes. Uh So, Now 172 00:11:10,280 --> 00:11:13,720 Speaker 1: eighty three year old ead she's a spitfire, and she 173 00:11:13,760 --> 00:11:15,880 Speaker 1: went to court to claim that the federal estate tax 174 00:11:15,880 --> 00:11:19,880 Speaker 1: exemption was denied to her by DOMA. Right. That's because 175 00:11:20,120 --> 00:11:24,960 Speaker 1: it's under DOMA. Like we I mentioned in that Terrible 176 00:11:25,040 --> 00:11:29,600 Speaker 1: Laundry list of examples of how it restricts rights for 177 00:11:29,720 --> 00:11:33,280 Speaker 1: gay couples. One of the things that it denies gay 178 00:11:33,320 --> 00:11:38,880 Speaker 1: couples estate and gift tax exemptions which would have prevented 179 00:11:38,920 --> 00:11:42,920 Speaker 1: Windsor from being charged that three sixty three thousand dollars. 180 00:11:42,920 --> 00:11:45,000 Speaker 1: And if you want to learn more about Edi and 181 00:11:45,080 --> 00:11:48,600 Speaker 1: Thea's relationship, there is a great documentary that you can 182 00:11:48,600 --> 00:11:52,040 Speaker 1: watch called Dan THEA A very long engagement talking about 183 00:11:52,080 --> 00:11:57,680 Speaker 1: their their forty two year plus relationship. Um. But Windsor 184 00:11:57,760 --> 00:12:01,560 Speaker 1: brought this court case and the Supreme Court heard it. 185 00:12:01,640 --> 00:12:05,400 Speaker 1: In writing for the Court majority, Justice Kennedy said, this 186 00:12:05,640 --> 00:12:09,120 Speaker 1: doma places same sex couples in an unstable position of 187 00:12:09,160 --> 00:12:12,400 Speaker 1: being in a second tier marriage. And he also wrote, 188 00:12:12,520 --> 00:12:15,120 Speaker 1: the avowed purpose and practical effect of the law here 189 00:12:15,120 --> 00:12:19,120 Speaker 1: in question are to impose a disadvantage, a separate status, 190 00:12:19,320 --> 00:12:21,480 Speaker 1: and so a stigma upon all who enter in the 191 00:12:21,600 --> 00:12:26,000 Speaker 1: same sex marriages made lawful by the unquestioned authority of 192 00:12:26,040 --> 00:12:30,040 Speaker 1: the States. And for that and other reasons, the Court 193 00:12:30,120 --> 00:12:34,679 Speaker 1: ruled five to four in favor of Windsor, striking down 194 00:12:34,720 --> 00:12:39,360 Speaker 1: effectively Section three of the Defensive Marriage Act. Right, Well, 195 00:12:39,400 --> 00:12:41,960 Speaker 1: so how does Prop eight tie into any of this? 196 00:12:42,120 --> 00:12:44,840 Speaker 1: I mean Prop eight is also going on throughout all 197 00:12:44,880 --> 00:12:47,880 Speaker 1: of this time too. Let's look at a brief history 198 00:12:47,880 --> 00:12:50,640 Speaker 1: of that and how it ties in. So, in March 199 00:12:50,679 --> 00:12:54,000 Speaker 1: two thousand, we have six of California voters approving a 200 00:12:54,000 --> 00:12:57,319 Speaker 1: ballot measure, which was Prop two, declaring that marriage should 201 00:12:57,320 --> 00:13:01,480 Speaker 1: remain between opposite sex couples. Asked forward to May two 202 00:13:01,480 --> 00:13:05,520 Speaker 1: thous eight, the California Supreme Court struck down Prop. Twenty two, 203 00:13:05,520 --> 00:13:08,280 Speaker 1: and it's ruling that the state protects a fundamental right 204 00:13:08,360 --> 00:13:13,080 Speaker 1: to marry that should also extend to same sex couples. 205 00:13:13,120 --> 00:13:16,720 Speaker 1: So then in November of that year, November two thousand eight, UH, 206 00:13:16,840 --> 00:13:20,840 Speaker 1: the California Marriage Protection Act, or Prop eight passes with 207 00:13:21,000 --> 00:13:24,959 Speaker 1: fifty two percent of the vote and then effectively made 208 00:13:25,040 --> 00:13:30,200 Speaker 1: gay marriage illegal in California. But of course, as we know, 209 00:13:30,280 --> 00:13:33,840 Speaker 1: the fight did not stop there. In August of the U. S. 210 00:13:33,880 --> 00:13:38,760 Speaker 1: District Court ruled that profit was unconstitutional, and in February 211 00:13:38,800 --> 00:13:42,160 Speaker 1: two thou twelve, the Ninth Circuit Court of Appeals upholds 212 00:13:42,480 --> 00:13:46,000 Speaker 1: that profit ruling, saying that Proposition eight serves no purpose 213 00:13:46,320 --> 00:13:48,439 Speaker 1: and has no effect other than to less in the 214 00:13:48,520 --> 00:13:53,280 Speaker 1: status and human dignity of gay men and lesbians in California. 215 00:13:53,679 --> 00:13:56,920 Speaker 1: And then in December of two thousand twelve, the Supreme 216 00:13:56,960 --> 00:14:01,280 Speaker 1: Court agreed to hear profit arguments because as the proponents 217 00:14:01,840 --> 00:14:06,240 Speaker 1: of Proposition eight, banning gay marriage, continued their legal fight, 218 00:14:06,280 --> 00:14:08,440 Speaker 1: and so it rises all the way up to the 219 00:14:08,440 --> 00:14:12,040 Speaker 1: Supreme Court. The Supreme Court says, sure, we'll hear your arguments, 220 00:14:12,440 --> 00:14:17,400 Speaker 1: and then on that historic day June, the Supreme Court 221 00:14:17,520 --> 00:14:20,520 Speaker 1: ruled that Protect Marriage, which was an ad hoc group 222 00:14:20,560 --> 00:14:24,840 Speaker 1: defending Proposition eight. The California government did not argue in 223 00:14:24,880 --> 00:14:28,040 Speaker 1: favor of Proposition eight in front of the Supreme Court 224 00:14:28,680 --> 00:14:32,000 Speaker 1: because the government was not in support of it. So 225 00:14:32,120 --> 00:14:34,920 Speaker 1: you have this ad hoc group Protect Marriage coming to 226 00:14:35,000 --> 00:14:38,320 Speaker 1: argue it, and so the Supreme Court said that Protect Marriage. 227 00:14:38,520 --> 00:14:41,200 Speaker 1: The ad hoc group did not have the legal authority 228 00:14:41,240 --> 00:14:44,800 Speaker 1: to appeal the injunction against banning gay marriage, which sent 229 00:14:45,320 --> 00:14:49,120 Speaker 1: the decision back to the lower court, which had already 230 00:14:49,160 --> 00:14:53,720 Speaker 1: declared it unconstitutional. Which is why gay marriage became legal 231 00:14:53,840 --> 00:14:58,400 Speaker 1: again in California that day. Because the thing is, the 232 00:14:58,440 --> 00:15:03,440 Speaker 1: Supreme Court did not rule Proposition eight as unconstitutional. It 233 00:15:03,520 --> 00:15:06,840 Speaker 1: basically said, you know what, we are sending this back 234 00:15:06,840 --> 00:15:10,120 Speaker 1: to the lower court because ad hoc group Protect Marriage, 235 00:15:10,160 --> 00:15:12,680 Speaker 1: you don't even have the legal authority to be doing this. Yeah, 236 00:15:12,680 --> 00:15:15,280 Speaker 1: they're not an agent of the state exactly, so they 237 00:15:15,280 --> 00:15:17,560 Speaker 1: sent it back down because all the lower courts had 238 00:15:17,560 --> 00:15:21,880 Speaker 1: already ruled it unconstitutional. But I mean not surprisingly, protect 239 00:15:21,920 --> 00:15:26,360 Speaker 1: Marriage cried foul when that happened, and people immediately started 240 00:15:26,360 --> 00:15:30,600 Speaker 1: getting married, right including Prop eight plane of Chris Perry 241 00:15:30,640 --> 00:15:33,240 Speaker 1: and Sandy Steer, who became the first couple to marry 242 00:15:33,240 --> 00:15:36,280 Speaker 1: in California after the decision. The other plane of couple, 243 00:15:36,360 --> 00:15:40,080 Speaker 1: Paul Katami and Jeff Zerrilla, were also married soon after. 244 00:15:40,360 --> 00:15:43,360 Speaker 1: But because those marriages started taking place on the same 245 00:15:43,440 --> 00:15:47,520 Speaker 1: day hours after the Supreme Court handed down its decision, 246 00:15:48,080 --> 00:15:52,480 Speaker 1: protect Marriage said that those marriages should not be taking 247 00:15:52,520 --> 00:15:56,480 Speaker 1: place because the decision wasn't legally final. But it did 248 00:15:56,480 --> 00:15:59,920 Speaker 1: not matter because the Ninth Circuit panel had already lifted 249 00:16:00,040 --> 00:16:03,040 Speaker 1: the whole on hold on gay marriage. They actually sped 250 00:16:03,120 --> 00:16:06,840 Speaker 1: up the process for lifting that band to allow gay 251 00:16:06,840 --> 00:16:09,920 Speaker 1: marriage to start happening or to resume I should say, 252 00:16:10,040 --> 00:16:16,280 Speaker 1: in California. So finally, yeah, but I mean, it happens. Yeah, 253 00:16:16,280 --> 00:16:19,160 Speaker 1: but the story, the story doesn't in there because we 254 00:16:19,240 --> 00:16:22,080 Speaker 1: have this ruling, but not everything is all puppies and 255 00:16:22,160 --> 00:16:27,880 Speaker 1: kittens exactly, Because we have a federal ruling that Section three, 256 00:16:28,800 --> 00:16:32,440 Speaker 1: which only applies to federal law is unconstitutional. So in 257 00:16:32,520 --> 00:16:37,160 Speaker 1: the eyes of federal law, same sex marriage is recognized. 258 00:16:37,200 --> 00:16:39,560 Speaker 1: But when you go to a state by state basis, 259 00:16:39,640 --> 00:16:42,480 Speaker 1: in a majority of states, they are not going to 260 00:16:42,960 --> 00:16:48,120 Speaker 1: by state law recognize same sex marriage. So what is 261 00:16:48,160 --> 00:16:50,920 Speaker 1: going to happen? There are some some good things because 262 00:16:51,040 --> 00:16:54,000 Speaker 1: of that federal law. There are a lot of benefits, 263 00:16:54,000 --> 00:16:58,240 Speaker 1: such as binational couples now are able to pursue green 264 00:16:58,280 --> 00:17:00,000 Speaker 1: cards for the foreign spouse. I want to give a 265 00:17:00,000 --> 00:17:03,640 Speaker 1: shout out now to listener Andrew and his Spanish husband. 266 00:17:04,000 --> 00:17:07,159 Speaker 1: He'd posted on Facebook that he can now bring his 267 00:17:07,240 --> 00:17:09,920 Speaker 1: husband home to the U S. Which is awesome. They've 268 00:17:09,920 --> 00:17:13,080 Speaker 1: been longtime listeners, so I just want to issue a 269 00:17:13,200 --> 00:17:16,960 Speaker 1: giant congratulations for that. Did you'll ever come to Atlanta? 270 00:17:17,000 --> 00:17:20,840 Speaker 1: You know you should hit us up? Yeah, we're around. Um. 271 00:17:21,000 --> 00:17:23,840 Speaker 1: There's also try and pop Off, who's a Bulgarian immigrant. 272 00:17:23,880 --> 00:17:26,280 Speaker 1: He's been living in Florida with his husband legally for 273 00:17:26,320 --> 00:17:29,320 Speaker 1: the past thirteen years thanks to student visas. He was 274 00:17:29,359 --> 00:17:31,960 Speaker 1: the first to get a permanent visa after DEMO was 275 00:17:32,000 --> 00:17:36,200 Speaker 1: struck down. Yeah, the U S Immigration and Citizenship Services, 276 00:17:36,920 --> 00:17:40,600 Speaker 1: it's a mouthful to a sibilant sound. Yes, they've actually 277 00:17:40,600 --> 00:17:44,680 Speaker 1: been keeping a list of same sex applicants and anticipation 278 00:17:45,080 --> 00:17:48,960 Speaker 1: of DOMA being overturned. So the people who have already 279 00:17:49,000 --> 00:17:52,159 Speaker 1: applied who would not have gotten the green card because 280 00:17:52,200 --> 00:17:56,960 Speaker 1: of DOMA, they don't have to reapply. So for couples 281 00:17:56,960 --> 00:18:00,520 Speaker 1: applying for green cards, hopefully that process should be fairly quick, 282 00:18:00,720 --> 00:18:06,240 Speaker 1: especially by federal bureaucracy standards. But you know who just 283 00:18:06,320 --> 00:18:12,280 Speaker 1: got a ton of work piled on their desks. Immigration attorneys, 284 00:18:12,480 --> 00:18:17,159 Speaker 1: estate planners, accountants, wedding planners in states where gay marriage 285 00:18:17,200 --> 00:18:22,119 Speaker 1: is illegal because of this switch in the federal tax 286 00:18:22,200 --> 00:18:26,560 Speaker 1: code and all of those one thousand federal statutes relating 287 00:18:26,680 --> 00:18:34,320 Speaker 1: to the definition of marriage, it changes how business is 288 00:18:34,320 --> 00:18:37,280 Speaker 1: now going to be conducted. But then also with that 289 00:18:37,400 --> 00:18:42,280 Speaker 1: question of which trump's which state law or federal law. Yeah, 290 00:18:42,280 --> 00:18:45,359 Speaker 1: and then where do you say that the marriage happened 291 00:18:45,840 --> 00:18:49,400 Speaker 1: the home state of the individuals or the place where 292 00:18:49,400 --> 00:18:52,600 Speaker 1: the wedding took place. That's called the celebration state. Which 293 00:18:53,640 --> 00:18:55,520 Speaker 1: the question with all of it is do we let 294 00:18:55,520 --> 00:19:01,040 Speaker 1: the celebration state rule? So basically, if you got married, 295 00:19:01,080 --> 00:19:03,640 Speaker 1: if you're in the same sex couple and you get married, 296 00:19:03,760 --> 00:19:07,399 Speaker 1: in New York. New York is your celebration state. But 297 00:19:07,440 --> 00:19:09,920 Speaker 1: then if you come to Georgia, where we live, which 298 00:19:09,960 --> 00:19:12,919 Speaker 1: is a not so celebratory state, and if Georgia is 299 00:19:12,960 --> 00:19:17,240 Speaker 1: your home state, and then tax time comes around, the 300 00:19:17,359 --> 00:19:20,960 Speaker 1: question is how do you file. Do you file as 301 00:19:21,119 --> 00:19:25,440 Speaker 1: a married couple because in your celebration state that's how 302 00:19:25,480 --> 00:19:30,240 Speaker 1: you're recognized, or does it apply to your home state? 303 00:19:30,600 --> 00:19:33,680 Speaker 1: So do you have to file separately per Georgia law. 304 00:19:33,760 --> 00:19:35,719 Speaker 1: It's kind of sticky. And after the ruling, if I'm 305 00:19:35,760 --> 00:19:38,760 Speaker 1: not mistaken, I mean, they asked Obama what his thoughts 306 00:19:38,800 --> 00:19:40,520 Speaker 1: on this were, and he said that, you know, he 307 00:19:40,600 --> 00:19:43,080 Speaker 1: kind of made a vague statement as far as marriage 308 00:19:43,119 --> 00:19:45,919 Speaker 1: is marriage and if you're married in one state, you 309 00:19:45,920 --> 00:19:49,439 Speaker 1: should be. But that doesn't mean that that's automatically going 310 00:19:49,480 --> 00:19:52,520 Speaker 1: to happen for sure, but some some things that are 311 00:19:52,640 --> 00:19:56,000 Speaker 1: going to happen. Uh. Federal workers will receive benefits no 312 00:19:56,080 --> 00:19:59,640 Speaker 1: matter whether their home state recognizes gay marriage or not. 313 00:20:00,080 --> 00:20:02,400 Speaker 1: And if you're a military family living in a state 314 00:20:02,400 --> 00:20:06,080 Speaker 1: with marriage equality, you will be granted federal benefits including 315 00:20:06,320 --> 00:20:10,960 Speaker 1: military health insurance, increased base and housing allowances, relocation assistance, 316 00:20:11,000 --> 00:20:15,080 Speaker 1: and surviving spousal benefits. But that's that question of celebration 317 00:20:15,119 --> 00:20:18,240 Speaker 1: state versus home state. Uh, you know when you're being transferred, 318 00:20:18,280 --> 00:20:20,639 Speaker 1: that's still in play. Yeah, the i r S is 319 00:20:20,680 --> 00:20:24,000 Speaker 1: going to have to decide how to determine marriage status 320 00:20:24,040 --> 00:20:28,359 Speaker 1: when they figure out tax status, because there are hundred 321 00:20:28,400 --> 00:20:32,800 Speaker 1: and ninety eight separate tax code provisions tied to marital status. 322 00:20:32,840 --> 00:20:35,560 Speaker 1: As if taxes need to get more complicated now, the 323 00:20:35,600 --> 00:20:39,600 Speaker 1: I R S is already examined some issue and for 324 00:20:39,680 --> 00:20:42,840 Speaker 1: things like Social Security, there's another question there of the 325 00:20:42,880 --> 00:20:46,760 Speaker 1: celebration state versus home state because family and spousal protections 326 00:20:46,760 --> 00:20:49,920 Speaker 1: relating to Social Security use a wage earners primary state 327 00:20:49,960 --> 00:20:54,680 Speaker 1: of residents as guidance for marriage recognition. So again that's 328 00:20:54,720 --> 00:20:59,160 Speaker 1: raising the question of what whether social security benefits can 329 00:20:59,200 --> 00:21:02,280 Speaker 1: be extended if you're living in a state that does 330 00:21:02,359 --> 00:21:06,679 Speaker 1: not have legalized gay marriage. So while there is a 331 00:21:06,760 --> 00:21:11,320 Speaker 1: lot to celebrate, it's clear that, you know, the overturning 332 00:21:11,320 --> 00:21:14,440 Speaker 1: of Section three of the Defensive Marriage Act is by 333 00:21:14,440 --> 00:21:18,280 Speaker 1: no means the end of the fight towards total and 334 00:21:18,320 --> 00:21:22,719 Speaker 1: complete equality. It's a big deal that federally it has 335 00:21:22,760 --> 00:21:26,719 Speaker 1: been recognized and that the definition the federal definition of 336 00:21:27,040 --> 00:21:31,920 Speaker 1: marriage has been struck down from just being exclusively between 337 00:21:32,200 --> 00:21:38,560 Speaker 1: men and women. But we have fifty states to get through, 338 00:21:38,680 --> 00:21:40,720 Speaker 1: and and the question is whether or not there's going 339 00:21:40,760 --> 00:21:44,480 Speaker 1: to be another case in which the Supreme Court will 340 00:21:44,800 --> 00:21:48,879 Speaker 1: basically make gay marriage a lava land. Obviously by keeping 341 00:21:48,920 --> 00:21:53,399 Speaker 1: Section two intact, they want to leave it up to 342 00:21:53,400 --> 00:21:58,000 Speaker 1: the sovereignty of the states to decide um. But and 343 00:21:58,040 --> 00:22:00,680 Speaker 1: maybe that will happen sooner rather than later, because there's 344 00:22:00,680 --> 00:22:03,960 Speaker 1: this kind of momentum. But I don't know. I mean, 345 00:22:04,280 --> 00:22:06,439 Speaker 1: we're sitting here in Georgia and I don't see that 346 00:22:06,520 --> 00:22:09,920 Speaker 1: happening anytime soon. Now. One state, UH that we will 347 00:22:09,960 --> 00:22:12,359 Speaker 1: have to keep an eye on, as Michigan there um. 348 00:22:12,359 --> 00:22:15,720 Speaker 1: This is coming from the advocate UH. Plaintiffs Jane Rouse 349 00:22:15,760 --> 00:22:19,120 Speaker 1: and April DeBoer have brought a lawsuit because they were 350 00:22:19,119 --> 00:22:21,919 Speaker 1: being denied the ability to jointly adopt three children and 351 00:22:21,920 --> 00:22:25,480 Speaker 1: are citing this recent DOMA decision, and the trial was 352 00:22:25,520 --> 00:22:28,919 Speaker 1: scheduled for July tenth. So we we should keep an 353 00:22:28,920 --> 00:22:30,640 Speaker 1: eye on that. And maybe we should just like get 354 00:22:30,640 --> 00:22:33,080 Speaker 1: out a map, like a coloring book map and start 355 00:22:33,160 --> 00:22:36,359 Speaker 1: coloring in state. Yeah, I mean, because that's that's the 356 00:22:36,440 --> 00:22:39,359 Speaker 1: question is whether or not Michigan will be uh the 357 00:22:39,440 --> 00:22:43,240 Speaker 1: next to overturn its same sex marriage band based on 358 00:22:43,800 --> 00:22:46,560 Speaker 1: this DOMA ruling, which could be huge because that means 359 00:22:46,560 --> 00:22:50,280 Speaker 1: if it succeeds in doing so in Michigan, then I'm 360 00:22:50,280 --> 00:22:53,160 Speaker 1: sure you know there will be cases in other states 361 00:22:53,200 --> 00:22:57,200 Speaker 1: that will take its q which is why the timeline 362 00:22:57,400 --> 00:23:01,160 Speaker 1: for a state by state oh returning of same sex 363 00:23:01,200 --> 00:23:05,159 Speaker 1: marriage bands could happen sooner rather than later, because that 364 00:23:05,240 --> 00:23:08,760 Speaker 1: federal precedent has been set. So I hope that this 365 00:23:09,000 --> 00:23:12,880 Speaker 1: was a helpful overview of DOMA. Like I said, it's 366 00:23:12,880 --> 00:23:15,560 Speaker 1: been a while since the decision happened, but maybe it's 367 00:23:15,600 --> 00:23:18,600 Speaker 1: even better to revisit it now that the initial dust 368 00:23:18,640 --> 00:23:21,919 Speaker 1: is settled, to figure out, okay, wait, where are we now? What? 369 00:23:21,920 --> 00:23:25,040 Speaker 1: What is exactly happening with all of this um And 370 00:23:25,240 --> 00:23:28,480 Speaker 1: I definitely want to hear from couples that this is affected. 371 00:23:28,840 --> 00:23:31,920 Speaker 1: I want to hear from any tax lawyers out there 372 00:23:31,960 --> 00:23:35,280 Speaker 1: who are now scrambling to figure out what to do. 373 00:23:35,359 --> 00:23:37,760 Speaker 1: If anyone's working for the I R S, how has 374 00:23:37,800 --> 00:23:42,480 Speaker 1: this impacted them, because there has With the Supreme Court decision, 375 00:23:42,920 --> 00:23:46,280 Speaker 1: the line from the White House has been to these 376 00:23:47,000 --> 00:23:49,240 Speaker 1: government branches that are most affected, like the I R 377 00:23:49,400 --> 00:23:52,640 Speaker 1: S and Social Security and Medicaid. It's figure it out 378 00:23:52,680 --> 00:23:55,760 Speaker 1: and figure it out fast, you know, to make make 379 00:23:55,800 --> 00:24:01,320 Speaker 1: the laws um apparent. So with that, send us your 380 00:24:01,359 --> 00:24:04,920 Speaker 1: thoughts mom stuff at Discovery dot com. You can tweet 381 00:24:05,000 --> 00:24:07,479 Speaker 1: us at mom' stuf podcast and send us a message 382 00:24:07,520 --> 00:24:09,880 Speaker 1: on Facebook if you like. And we've got a couple 383 00:24:09,920 --> 00:24:13,080 Speaker 1: of messages to share with you. And now back to 384 00:24:13,359 --> 00:24:18,119 Speaker 1: little letters. Well, Caroline, our episode on short hair that 385 00:24:18,160 --> 00:24:22,480 Speaker 1: we didn't a while ago cut so much attention. Let's 386 00:24:22,480 --> 00:24:26,640 Speaker 1: write some more letters about that. How about um? I've 387 00:24:26,640 --> 00:24:31,240 Speaker 1: got one here from Chad. His subject line is from 388 00:24:31,240 --> 00:24:34,800 Speaker 1: a guy who cut his long hair for an iPod. Alright, 389 00:24:34,880 --> 00:24:37,960 Speaker 1: says high ladies. Oh hey, Jadad, I just listened to 390 00:24:37,960 --> 00:24:41,040 Speaker 1: your podcast about woman with short hair. As a younger man, 391 00:24:41,119 --> 00:24:43,639 Speaker 1: I wore my hair long for about ten years. I 392 00:24:43,680 --> 00:24:45,520 Speaker 1: started growing it in college when I was stating the 393 00:24:45,520 --> 00:24:47,919 Speaker 1: woman who was now my wife. I just grew tired 394 00:24:47,920 --> 00:24:49,919 Speaker 1: of it, but I decided to use it as a 395 00:24:49,960 --> 00:24:54,240 Speaker 1: bargaining chip. My dad has always hated long hair on guys, 396 00:24:54,359 --> 00:24:57,720 Speaker 1: especially me. When we were visiting my parents one Christmas, 397 00:24:57,760 --> 00:24:59,159 Speaker 1: I told my dad that if he bought me a 398 00:24:59,200 --> 00:25:02,360 Speaker 1: new iPod, I would cut my hair short. We went 399 00:25:02,400 --> 00:25:04,400 Speaker 1: to a store that night and I picked out my iPod. 400 00:25:04,640 --> 00:25:06,960 Speaker 1: I got a hair cut the next day and donated 401 00:25:07,000 --> 00:25:10,080 Speaker 1: it two locks of love. My wife also did the same. 402 00:25:10,600 --> 00:25:13,399 Speaker 1: Even though it is now two thousand thirteen, I still 403 00:25:13,480 --> 00:25:15,640 Speaker 1: use that iPod he bought it in two thousand six 404 00:25:16,200 --> 00:25:18,520 Speaker 1: h It works well and I have never gotten another. 405 00:25:18,800 --> 00:25:21,000 Speaker 1: I listened to you ladies on the same iPod to 406 00:25:21,160 --> 00:25:23,919 Speaker 1: this day. Incidentally, it was not emotional for me to 407 00:25:23,920 --> 00:25:25,960 Speaker 1: cut my hair. I was ready to be done with it, 408 00:25:26,240 --> 00:25:29,119 Speaker 1: and I've kept it short since. My wife, however, still 409 00:25:29,119 --> 00:25:32,000 Speaker 1: has emotional feelings about my short hair. She grew her 410 00:25:32,000 --> 00:25:34,520 Speaker 1: hair along again and frequently mentions that I should grow 411 00:25:34,560 --> 00:25:37,800 Speaker 1: it out again because she misses it. Who knows, maybe 412 00:25:37,840 --> 00:25:39,720 Speaker 1: if I grow it out again, there will be a 413 00:25:39,720 --> 00:25:45,320 Speaker 1: new iPad in my future. Hey, good thing in Chad Christen. 414 00:25:45,400 --> 00:25:49,560 Speaker 1: This letter is from listener Jennifer. She said, I lost 415 00:25:49,600 --> 00:25:51,960 Speaker 1: all my hair going through chemo for breast cancer a 416 00:25:51,960 --> 00:25:54,240 Speaker 1: few years ago. When it started to grow back, I 417 00:25:54,280 --> 00:25:57,399 Speaker 1: found a stylist who does wonderful, funky things with really 418 00:25:57,480 --> 00:26:00,560 Speaker 1: short hair. I've gotten so many compliments that I've kept 419 00:26:00,560 --> 00:26:03,159 Speaker 1: it short for more than two years. Now I'm growing 420 00:26:03,160 --> 00:26:05,160 Speaker 1: it out, not because I don't like my hair short, 421 00:26:05,200 --> 00:26:07,320 Speaker 1: but because it's a reminder of my cancer and I'm 422 00:26:07,359 --> 00:26:11,280 Speaker 1: ready to move forward. So thank you, Jennifer, Yeah, and 423 00:26:11,320 --> 00:26:13,560 Speaker 1: thanks to everyone else too has written in mom Stuff 424 00:26:13,560 --> 00:26:15,800 Speaker 1: of Discovery dot com is our email address. You can 425 00:26:15,800 --> 00:26:18,280 Speaker 1: also message this on Facebook or tweet us at mom 426 00:26:18,359 --> 00:26:21,239 Speaker 1: Stuff Podcast. We're on Tumbler as well. You should check 427 00:26:21,280 --> 00:26:23,320 Speaker 1: us out where it's stuff mom Never Told You dot 428 00:26:23,359 --> 00:26:27,000 Speaker 1: tumbler dot com. And you can watch us as well 429 00:26:27,080 --> 00:26:30,000 Speaker 1: on YouTube. Become matchup four times a week on there. 430 00:26:30,280 --> 00:26:32,640 Speaker 1: So head over to YouTube dot com slash stuff mom 431 00:26:32,680 --> 00:26:38,320 Speaker 1: Never Told You, and be kind and subscribed for more 432 00:26:38,359 --> 00:26:40,960 Speaker 1: on this and thousands of other topics. Doesn't how stuff 433 00:26:41,000 --> 00:26:49,920 Speaker 1: works dot com