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

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  •  It isn't ... (2+ / 0-)
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    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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