Quantum Windbag
Gold Member
- May 9, 2010
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Way back when I told people this day would come. Not when DOMA was passed, but when Margaret Marshall became a Profile in Courage.
avatar, is spinning it's wheels. the disconnect is now glaring. very little room left for the state's rights arguments they anti gays held onto so dearly. heads in the sand have now been pulled out. watch for a huge change in position from the anti gays.
Profile in Courage ... 11/18/2003
How were they denied Medicaid? Is medicaid eligibility detirmined by marriage in Massachusetts
some arguments..U.S.: Mass. can't force gay marriage benefits
The lawsuit also argues that the federal law requires the state to violate the constitutional rights of its citizens by treating married heterosexual couples and married same-sex couples differently when determining eligibility for Medicaid benefits and when determining whether the spouse of a veteran can be buried in a Massachusetts veterans' cemetery.
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medicaid is a federal benefit managed by the states.
benefits info in Mass
That just shows how screwed up all of this is concerned, marital status should be irrelevant.
I really don't think this ruling is going to hold up, unlike the other ruling the same judge handed down in a different case that found section 3 of DOMA unconstitutional because it violates the due porcess clause of the 5th amendment. If Mediciad is a federal benefit then the feds get to determine eligibility, and it should be based strictly on income, not marital status. If anything, I think marriage would be more likely to disqualify someone than qualify them for it, because they would be earning more money as a couple than someone as a single person.
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