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View Diary: The DOMA Decision (124 comments)

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  •  The next steps (6+ / 0-)

    Today's ruling was step one.  Step two, in a few years, will be to require full faith and credit so that states must recognize each other's marriages.  And then a few years later, gay marriage will be recognized as a national right--although it is possible that steps 2 and 3 will collapsed together because of the absurdity of having Oklahoma or any other such state recognize gay marriages from out of state but not allow their own citizens to into into same-sex marriages.

    •  That's probably not an absurdity (6+ / 0-)

      I believe the states recognize common-law marriages that were lawfully contracted in other states, but could not be contracted in that particular state.  I think it is the same case with marriage between first cousins.

      So, I think it could end up being the case that states don't recognize same-sex marriages performed within their borders, but are required to recognize such marriages performed elsewhere without being ridiculous.

      •  Also age restrictions (3+ / 0-)
        Recommended by:
        KingBolete, Adam B, jncca

        young couples can get married much younger in some states than in others, they are also always acknowledged by any state they travel too.

        Minority rights should never be subject to majority vote.

        by lostboyjim on Wed Jun 26, 2013 at 10:20:06 AM PDT

        [ Parent ]

        •  There is the public policy exception (1+ / 0-)
          Recommended by:
          Adam B

          to such recognition. I don't know how it's applied, or even if it's still applied at all in any specific cases. After all Section 2 of DOMA, which is not currently (emphasize that: currently) under challenge provides all the necessary ammunition a state would need in order to ignore a legally contracted same-sex marriage. I presume the public policy exception is a hold-over from the days of anti-miscegenation laws but in any case it's still around. I would further presume that its application would need to somehow be circumscribed or it would theoretically result in any state being able to deny recognition to any marriage it feels disinclined to recognize.

          Scalia is probably correct in his assertion that the current DOMA decision will create opportunities to challenge bans on same-sex marriage generally; the difference between him and me is that I welcome that fact while he abhors it.

          I do think that the next reasonable target will be Section 2 of DOMA. All it'll take will be for one gay or lesbian couple, legally married in one state, to relocate, perhaps because of a job transfer (this would be good in a way since the move would in some sense be less than entirely voluntary), to another state that refuses to recognize their marriage.

          There is another wrinkle as well: a gay or lesbian couple could marry in California and then one of the individuals involve could hop across the Colorado River and marry someone of the opposite sex in Arizona. Since Arizona does not solemnize same-sex marriages and does not recognize such marriages contracted elsewhere, what would be the legal impediment? As far as Arizona's concerned, either individual would be single.

          And once Section 2 is gone, what's left? Section 1 is merely the definition of the act itself.

        •  Not to mention marriage between related (0+ / 0-)

          persons, like first-cousins. That restriction exists in some states and not others.

          Dear Fundamentalist Christians, "The Flintstones" was not a reality show. Sincerely, The Rational World.

          by BlueMindState on Wed Jun 26, 2013 at 12:35:33 PM PDT

          [ Parent ]

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