DiscussionRoe v. Wade was overturned in the US today. How do you think that will impact LGB acceptance in the country?

submitted by reluctant_commenter from self.LGBDropTheT

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[–]IridescentAnacondastrictly dickly 7 insightful - 1 fun7 insightful - 0 fun8 insightful - 1 fun -  (6 children)

Our U.S. states are still able to decide, for what that's worth.

As a married guy, I will point out that it will become a bit of a legal clusterfuck if Obergefell is overturned. How do my husband and I file our federal taxes? What are our inheritance rights if we move to a different state? Medical power-of-attorney? All of that would need to get worked out and it will be quite messy.

[–]xanditAGAB (Assigned Gay at Birth) 6 insightful - 1 fun6 insightful - 0 fun7 insightful - 1 fun -  (0 children)

I don't see how they can have marriage be a state by state thing...It wouldn't make sense. Only gay couples would have to get remarried if you moved.

[–]reluctant_commenter[S] 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (3 children)

As a married guy, I will point out that it will become a bit of a legal clusterfuck if Obergefell is overturned. How do my husband and I file our federal taxes? What are our inheritance rights if we move to a different state? Medical power-of-attorney? All of that would need to get worked out and it will be quite messy.

Yeah, exactly! See, I don't see that it's so easy to just assume that same-sex marriage being legal in states but not nationwide will work out...

How are you and your husband feeling about the whole situation?

[–]IridescentAnacondastrictly dickly 4 insightful - 1 fun4 insightful - 0 fun5 insightful - 1 fun -  (2 children)

We haven't discussed deeply. I don't think we will until it becomes a more concrete reality. If it becomes a reality we will adjust by making the necessarily legal arrangements to protect ourselves; we are of course fortunate to be able to do that, not everybody is.

Regarding abortion itself, we both see it both ways. I personally understand the bodily autonomy issue, I also understand how many people find it repulsive to take a baby's life (this is how they see it, not necessarily how I see it although I am not 100% sure).

However, an interesting discussion topic came up today with some friends: could being in a same-sex marriage be construed as probable cause for a police officer to force entry into your home to check for sodomy? You could imagine a situation in which sodomy becomes illegal again in states where there are registered same-sex couples.

[–]reluctant_commenter[S] 4 insightful - 1 fun4 insightful - 0 fun5 insightful - 1 fun -  (1 child)

However, an interesting discussion topic came up today with some friends: could being in a same-sex marriage be construed as probable cause for a police officer to force entry into your home to check for sodomy? You could imagine a situation in which sodomy becomes illegal again in states where there are registered same-sex couples.

Wow. That's a deeply disturbing question.

[–]IridescentAnacondastrictly dickly 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (0 children)

Indeed. Other questions: is a used condom evidence of sodomy? Certainly it is possible to use forensic techniques to determine where the condom has been and whether its wearer was, um, satisfied with the outcome. How about unused condoms? What about PrEP? Your GPS will certainly tell authorities who has been in physical proximity with you and for how long (your phone records are discoverable). Consider also the trail of conversations you had on Grindr and Scruff: those are also discoverable.

[–]yousaythosethingsFind and Replace "gatekeeping" with "having boundaries" 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

I would have to take a look but I think the Windsor decision (rather than Obergefell) is based on the Equal Protection Clause rather than substantive due process like Obergefell so I think it would still stand even if the substantive due process argument underlying the nationwide legalization of same-sex marriage would be overturned based on the precedent set forth in the recent Dobbs decision. What that would mean is that the federal government still has to recognize marriages recognized by the states. So if your state recognizes your same-sex marriage, the federal government has to.