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View Diary: Elena Kagan proves that DOMA's original intent was bigotry, not tradition (129 comments)

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  •  Not quite so depressing (2+ / 0-)
    Recommended by:
    BlueSue, True North

    Once you are legally married, merely moving your residence should not change that fact or work an "involuntary divorce" of sorts.  The new state of residence gives "full faith and credit" to the former state's marriage law, even if you could not in the same circumstances marry in the new state.

    •  Not necessary. There's the public policy (3+ / 0-)
      Recommended by:
      BlueSue, pico, mmacdDE

      exception to the FFC clause.  It's not a done deal.  Take pre-Loving Virginia.  They arrested the Lovings and banned them from the state.  Moving from one to another won't automatically force them to recognize it.

      One should no more deplore homosexuality than left-handedness. ~Towards a Quaker View of Sex, 1964 (Proud left-handed queer here!) SSP: wmlawman

      by AUBoy2007 on Wed Mar 27, 2013 at 01:57:57 PM PDT

      [ Parent ]

      •  It won't UNLESS (0+ / 0-)

        The sc rules that states must abide by the full faith and credit clause of the constitution and recognize all LEGAL marriages, regardless of where they were performed.

        A straight couple can get married in canada, or Jamaica, or Mexico, or the Bahamas and there's no question that they're legally married. A gay couple that gets married in Canada, and they might as well not have bothered UNLESS they live in a state that recognizes it.

        That's crazy, and that's exactly the situation that was supposedly resolved by Loving.

        Which was, IMHO, the most appropriately named case ever decided by the court.

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