Republican Congressman Supports DOMA Repeal

Dec 21, 2012 | Posted by: Rick in Kansas | Full story: www.advocate.com

Rep. Richard Hanna of New York becomes only the second Republican lawmaker to co-sponsor the Respect for Marriage Act. Will other Republicans follow suit?

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1 - 10 of 10 Comments Last updated Dec 29, 2012

Since: Jan 10

Lewis Center, OH

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#1
Dec 21, 2012
 
Republicans are getting the message that hate based politics arenít acceptable in the USA. Adapt or be reduced to a fringe group of haters.
Jane Pudenda

Hoboken, NJ

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#2
Dec 22, 2012
 
They will wise up soon enough when they realize that passing the "Respect for Marriage Act" lets the government off the hook for refunding the extra taxes paid by legally married gay couples.

“Together for 24, legal for 5”

Since: Sep 07

Littleton, NH

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#3
Dec 22, 2012
 
Jane Pudenda wrote:
They will wise up soon enough when they realize that passing the "Respect for Marriage Act" lets the government off the hook for refunding the extra taxes paid by legally married gay couples.
Not necessarily. That aspect of DOMA is set to be argued before SCOTUS. They will make a decision this year regardless of any legislative actions.
Jane Pudenda

Hoboken, NJ

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#4
Dec 22, 2012
 
nhjeff wrote:
<quoted text>
Not necessarily. That aspect of DOMA is set to be argued before SCOTUS. They will make a decision this year regardless of any legislative actions.
If the Respect for Marriage Act gets passed, DOMA is repealed...no back taxes. If DOMA is overturned by the Court.... back taxes.

“Together for 24, legal for 5”

Since: Sep 07

Littleton, NH

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#5
Dec 23, 2012
 
You overlook the possibility that DOMA would be repealed and SCOTUS would rule in favor of Windsor. Her case does not become moot if DOMA be repealed.

Besides, this House will not repeal DOMA.
Jane Pudenda

Hoboken, NJ

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#6
Dec 25, 2012
 
nhjeff wrote:
You overlook the possibility that DOMA would be repealed and SCOTUS would rule in favor of Windsor. Her case does not become moot if DOMA be repealed.
Besides, this House will not repeal DOMA.
I guess I didn't make my point clear. If DOMA is overturned by SCOTUS, folks can file amended tax returns for the preceding three years. If Congress passes The Respect for Marriage Act, no amended returns can be filed to claim tax overpayments.

“Together for 24, legal for 5”

Since: Sep 07

Littleton, NH

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#7
Dec 25, 2012
 
Jane Pudenda wrote:
<quoted text>
I guess I didn't make my point clear. If DOMA is overturned by SCOTUS, folks can file amended tax returns for the preceding three years. If Congress passes The Respect for Marriage Act, no amended returns can be filed to claim tax overpayments.
I guess my point still eludes you. Even if congress repeals DOMA, Windsor continues to press her case. And DOMA could then be declared unconstitutional. And gay couples coul file for tax returns.

The point is that it is not either/or. It could be neither, either, or both.

“Together for 24, legal for 5”

Since: Sep 07

Littleton, NH

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#8
Dec 25, 2012
 
Oh yeah. And we know thatSCOTUS will hear Windsor this year. So the lower court ruling should be affirmed or overturned before summer. This House will not vote to overturn DOMA before the next congressional election. So it looks like either DOMA fails in SCOTUS and couples file for refunds, or DOMA survives another 2-3 years
Jane Pudenda

Hoboken, NJ

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#9
Dec 29, 2012
 
nhjeff wrote:
<quoted text>
I guess my point still eludes you. Even if congress repeals DOMA, Windsor continues to press her case. And DOMA could then be declared unconstitutional. And gay couples coul file for tax returns.
The point is that it is not either/or. It could be neither, either, or both.
If Congress passes the Respect for Marriage Act, Windsor's case ends. A legislative repeal will make moot the need to declare DOMA unconstitutional. But not to worry... Congress won't pass "Respect for Marriage."

“Together for 24, legal for 5”

Since: Sep 07

Littleton, NH

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#10
Dec 29, 2012
 
Jane Pudenda wrote:
<quoted text>If Congress passes the Respect for Marriage Act, Windsor's case ends.
No it does not. It won't end unless Windsor's attorney's drop it, and they have no incentive to do so. Of course, BLAG could drop the defense of DOMA, and then Windsor would win without setting a national precedent.
A legislative repeal will make moot the need to declare DOMA unconstitutional. But not to worry... Congress won't pass "Respect for Marriage."
We certainly agree on that last part. BTW: You probably didn't hear that my outgoing Republican congressman Charlie Bass signed on to the Respect for Marriage act this week. Nice timing.

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