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

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  •  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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