OK, there's a constitutional question coming up very shortly. The Massachussets Supreme Court has reaffirmed its decision and informed the State Legislature that marriage, and only marriage, would protect the equal rights of homosexual citizens. (Several dissents were filed as well, which supported the concept of the"separate but equal" civil union. I'm with the majority: separate isn't equal) So there will be, shortly, a state in which gay and lesbian marriages will take place.
Here's my question. Among the injustices cited by the court was"the absence of predictable rules of child support and property division, and even uncertainty concerning whether one will be allowed to visit one's sick child or one's partner in a hospital." A few states have enacted hetero-only restrictions on marriage, which indicates that they will not provide benefits or legal protections to non-hetero marriages. But if a gay or lesbian couple married in Massachussetts moves to another state, and decides to break up, can their divorce proceeding be heard in state courts? Can a Massachusetts divorce decree or child custody agreement be enforced in other states? There's a whole host of other issues, including inheritance law, which also ends up in state courts: will homosexuals have to arrange to die in the state where they got married?
And the Federal"Defense of Marriage Act" seems to require that legally married homosexual couples file their taxes separately. Won't that be an interesting"equal protection" case?
P.S. In a triumph of -- well, probably political expediency, but it's hard not to consider this a victory -- the Virginia legislature rejected a proposal to create a Confederate History Month. I don't have a problem with honoring southern culture, traditions, etc. But the Confederacy was a four year rebellion whose primary purposes were rejecting a legitimately elected president and maintaining the"states' rights" to continue the horrific and inhuman abuse of persons. I don't see the attraction.