New York Marriage Equality has Achilles Heel That COULD VOID THE ENTIRE LAW
These legislators give New York a perfect 10 |
The passage of New York's marriage equality law makes New York the sixth state to allow marriage. I am going to tell you that it brought tears to my eyes. I see the nation embracing their gay sons, sisters and brothers- and making it right. It should make for tears of joy. Sadly, there are 33 states that have constitutional amendments banning same sex marriage. Equality for all will not be satisfied until the Supreme Court of the United States (SCOTUS) rules that gay people are entitled to the same constitutional rights as any one else. The good news is that there are at least three cases winding through the federal courts which may land at the Supreme Court: Prop 8, DOMA, and DADT. Let's not forget that DADT is still in effect. It will be difficult for the Court to uphold discrimination when there just isn't any credible evidence to show that the discrimination is necessary.
Today's New York Marriage Act is a victory but it has an Achilles Heel.
Gay Marriage here... |
...but probably not here. |
This bride really should have worn a Tux |
Here is the Achilles Heel: "If any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the remainder of this act shall be invalidated." That means that if any part of this law is deemed to be unlawful or is challenged in a court and the court rules in favor of the challenge, then ALL OF THIS MARRIAGE ACT IS VOID.
Is this a church property or should I lie to you |
Margie Gallagher: You're a great audience! Who hates the gays? You do! |
The silver lining, if there is one, is that the Marriage Act subordinates to existing laws that govern discrimination against employment and housing. However all it takes is one lawsuit to challenge the religious discrimination and the entire Marriage Act is gone.
Sixth in the Nation to legalize gay marriage |
Two New Yorker's tipping their gay hats to Gay Marriage |
Meanwhile, NEW YORK IS ALRIGHT BY ME!
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