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View Diary: Delaware becomes 11th state to embrace marriage equality (58 comments)

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  •  Of course (4+ / 0-)

    Because marriage equality doesn't cost anyone any money. Racial equality, on the other hand, cost the South its entire income, which is why the South fought a war against it. Within a few years nobody will remember what the marriage thing was even about, but Southern politicians will still be making watermelon jokes.  

    These cynical observations aside, yayyyy!

    •  I don't think I agree (2+ / 0-)
      Recommended by:
      MsPlasmodesmata, LSophia

      I think, sadly, this will be a blue state - red state split, with marriage equality in the blue states but banned in the red states in the South and central plains, and battles continuing to be fought one by one in the purple states.  I'm hoping SCOTUS rules that DOMA violates the full faith and credit of Article IV section 1, requiring each state to enforce each other state's judgments.  That would mean a marriage in Delaware would have to be recognized in South Carolina, allowing for at least some couples to get married outside their home states and return home to live as recognized married couples.  In this way the "marriage thing" will be accepted even in what are now the most homophobic states, but I am afraid it will take time.

      "We have always known that heedless self-interest was bad morals, now we know that it is bad economics." Franklin Delano Roosevelt, Jan. 20, 1937

      by Navy Vet Terp on Tue May 07, 2013 at 02:46:22 PM PDT

      [ Parent ]

      •  I'm not sure if that's a part (2+ / 0-)
        Recommended by:
        Navy Vet Terp, LSophia

        of the Windsor case, or if it's only about whether DOMA can apply to states that recognize marriage equality and a case on "full faith and credit" will have to follow down the road. Would make sense to separate the two; let's get rid of DOMA in marriage equality states first, then find a couple that moves from a marriage equality state to a non-marriage equality state and has their marriage become an instant legal fiction.

        There's only one rule that I know of, babies -- goddammit, you've got to be kind. -- Kurt Vonnegut

        by Cali Scribe on Tue May 07, 2013 at 02:53:24 PM PDT

        [ Parent ]

        •  It isn't ... (2+ / 0-)
          Recommended by:
          skrekk, LSophia

          The would be Section 2 of DOMA, which says that if state A does not allow same-sex marriage, it does not have to recognize same-sex marriages from state B.

          That section is meaningless. It was put into DOMA because:
          a) a lot of Congresscritters are ignorant of the Constitution, and
          b) so Congresscritters could beat their chests and triumphantly declared that they helped save their state from having to recognize out-of-state same-sex marriages.

          The thing is, the FF&C clause has never been held to mandate that a state recognize any type of marriage it does not itself offer. Thus, first-cousin marriages (allowed in some states) may not be recognized by those states that do not allow such marriages.

          I do not believe Section 2 has even been appealed as part of Windsor.

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