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Burnt Orange ReportNews, Politics, and Fun From Deep in the Heart of Texas |
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February 14, 2004Same-Sex Couples Wait to Marry Longer that Spears Marriage LastedBy Byron LaMasters559 gay and lesbian couples have married in San Francisco in the past two days:
Immediate injuctions to stop San Francisco from issuing marriage licenses failed. Conservative organizations failed to stop San Francisco from issuing marriage licenses, and marriages will continue over the weekend. The San Francisco Chronicle has the story:
Britney Spears has done more to damage the institution of marriage than any of the 559 gay and lesbian couples who have been married in San Francisco in the past two days have. Period end. Posted by Byron LaMasters at February 14, 2004 03:19 AM | TrackBack
Comments
Dahlia Lithwick wrote a piece for Slate months ago on this very subject, and I certainly can't improve on it. Posted by: Incertus at February 14, 2004 03:37 AMWell, I have to say you hit the nail on the head right there, Byron. Of all the arguments against marriage, the weakest one by far is that it "destroys traditional marriage." "Traditional marriage" has been going straight down the drain for the last half century all by itself, with all these quickie marriages and quickie divorces. You know, perhaps instead of this being a gay issue, this ought to be an issue where everybody is involved in what life-long companionship is supposed to really mean. Marriage, regardless of gender, is only a legal instrument, a means toward that end. I think (hope) the legalisms are eventually going to get pretty tiresome, if folks just stay together and love each other. On a somewhat related note, I recently saw Intolerable Cruelty on an airplane flight back from my grandparent's 50th wedding anniversary... Posted by: Jim D at February 14, 2004 04:17 AMwhat a funny film to show on a plane. As in, being required to watch a shitty movie while trapped on a long ass flight- Intolerable Cruelty. Posted by: Andrew D at February 14, 2004 04:21 AMWhile these marriages are certainly void/voidable, the people challenging them do not have standing. Standing is a legal concept that, in order to bring a lawsuit, the Plaintiff must have suffered a harm unique and distinct from any "ordinarily situated" person. Just because you do not like the law does not give you standing. (This is no trivial concept. Recall a few years back, the Supreme Court tossed out a suit to challenge the line item veto for a lack of standing, yet thought the issue was important enough to concider and thus ruled on it the very next year when a Plaintiff with proper standing brought suit.) Generally, the validity of a marriage is litigated when "something goes wrong." For example, one spouse dies and there is a dispute as to distribution of the estate under intestacy laws - if the spouse is "real," she gets the money, if not, the next of kin do. Likewise, a couple gets divorced, and one side argues there can be no alimony awarded because there was never a marriage to begin with. Whatever ones thoughts on the propriety of gay marriage, two things are clear from a legal standpoint. The marriages are not valid under current law, yet the Plaintiffs seeking to stop them have no standing to do so. Posted by: WhoMe? at February 14, 2004 08:31 AMI was wondering how conservative groups could sue to stop this, since their rights aren't being infringed on. Hopefully the judge will agree that they don't have legal standing. I've read the likely result will be the licenses will not be accepted by the state when they get sent in. Posted by: Jason Young at February 14, 2004 02:18 PM
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