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

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  •  No, it does not: (3+ / 0-)
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    AUBoy2007, mmacdDE, BlueStateRedhead

    if you move to a state that legally bars recognition of same-sex marriage, it does not matter if you were married in another state.   This falls well under the traditional policy exception against FF&C, and either 1. the Supreme Court has to decide otherwise, or 2. the states have to legalize marriage on their own.   Repealing DOMA isn't enough: DOMA section 2 only reiterates what's already been the constitutional reality about interstate marriage.    

    (There's a long history of jurisprudence on this issue, and needless to say, it's often contradictory.  e.g, and most relevant for this case, some parties have sued and won FF&C claims, and others have lost, with no rhyme or reason. See here pp4-6 [pdf] for a ton of examples.)

    The state of Texas, by the way, does not allow same-sex divorce.  The only successful case (Naylor/Daly) was successful because the state did not appeal the ruling before the statute of limitations ran out, and even now Texas is still challenging the ruling.  The actual case that's (still) making its way through the system, In re: J.B. is still being decided, with the Texas government - and the 5th Circuit - firmly against granting the divorce.  If SCOTUS doesn't take the case, then the 5th Circuit's ruling stands and divorces cannot be granted in Texas.

    And they most certainly cannot receive marriage benefits.  I don't know where you're getting this information from.

    Saint, n. A dead sinner revised and edited. - Ambrose Bierce

    by pico on Wed Mar 27, 2013 at 03:12:38 PM PDT

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    •  I'm commenting solely to make sure I can find (1+ / 0-)
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      your post again.  Brilliant.

      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 03:41:16 PM PDT

      [ Parent ]

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