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View Diary: Christian War On TX Gays Sustains Collateral Damage: Cops, Fireman (304 comments)

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  •  Not quite (2+ / 0-)
    Recommended by:
    musing85, sfbob

    You are focusing on Congress's undisputed power to determine who can receive certain financial benefits from the federal government.  My question is one step back from that.  What gives Congress the power to create a legal domestic relationship?

    Maladie d'Amour, Où l'on meurt d'Aimer, Seul et sans Amour, Sid'abandonné

    by FogCityJohn on Tue Jan 04, 2011 at 09:47:52 AM PST

    [ Parent ]

    •  I guess I'm saying there's no need for them (4+ / 0-)

      to create such a legal domestic relationship. They simply say "if both of you sign this form you get these federal benefits, otherwise you don't".

      And then the general public starts referring to any two people who have done so as being "federally civil unionized" or something.

      •  Hmmm . . . (1+ / 0-)
        Recommended by:
        musing85

        I suppose that's possible, but if the feds were to do something like what you propose, there would still have to be some sort of eligibility criteria.  Otherwise, any two people could sign the form and qualify for benefits.  So I think that in the end, there would have to be some kind of legal recognition of some kind of relationship.

        Maladie d'Amour, Où l'on meurt d'Aimer, Seul et sans Amour, Sid'abandonné

        by FogCityJohn on Tue Jan 04, 2011 at 10:43:12 AM PST

        [ Parent ]

        •  But that's fine. (2+ / 0-)
          Recommended by:
          musing85, Calamity Jean

          The government sets individual eligibility requirements all the time for all sorts of programs.

          As long as the eligibility to sign the form is per individual (presumably age), and not some kind of interdependency between the two people (e.g., must be of different sexes! or must reside in the same household) I don't see the constitutional issue.

          I suppose you have the old bugaboo of father-daughter, brother-sister being able to civil unionize; I'm they could come up with some way around that...

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