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View Diary: BREAKING: SCOTUS Will Hear Constitutional Challenge to DOMA! UPDATE: And PROP 8!! (201 comments)

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  •  I have my doubts about that, actually. (2+ / 0-)
    Recommended by:
    jpmassar, Killer of Sacred Cows

    Licenses are recognized, period, even if another state wouldn't grant them.  That goes for marriage licenses as well as other kinds of licensing.

    •  But marriage licenses would have also been granted (2+ / 0-)
      Recommended by:
      jpmassar, Killer of Sacred Cows

      for interracial marriages, and states with miscegenation laws were able to deny recognition of those marriages despite the Full Faith and Credit Clause.  

      I may be forgetting an important distinction, but my recollection is that the situations are unfortunately similar.

      •  Only until Loving v. Virginia (1+ / 0-)
        Recommended by:
        jpmassar

        which decisively struck down that whole "we won't accept them if they're from an interracial-marriage state" thing.

        "Compassion is not weakness, and concern for the unfortunate is not socialism." - Hubert Humphrey

        by Killer of Sacred Cows on Fri Dec 07, 2012 at 06:53:49 PM PST

        [ Parent ]

        •  True (0+ / 0-)

          But Loving didn't rely on the FFCC, it relied on Equal Protection.  

          Absent identification of sexuality as a protected class, the pre-Loving exception to FFCC used by states which prohibited interracial marriages could arguably still apply to same-sex marriages, even if DOMA is struck down.

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