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View Diary: Federal judge: Kentucky must recognize out-of-state gay marriages (104 comments)

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  •  Thank you for this explanation . (1+ / 0-)
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    skrekk

    the lack of reciprocal recognition of marriages has had me really puzzled and this article helped clarify some things...

    So, what the judge said today was that because KY recognized opposite sex marriages of states with  marriage equality, then KY must recognize all marriages from states with marriage equality ..that non-marriage equality states can't pick which marriages in marriage equality states will be recognized..right?

    Give your heart a real workout! Love your enemies!

    by moonbatlulu on Wed Feb 12, 2014 at 08:11:29 PM PST

    [ Parent ]

    •  I think that's correct - it's the exact same logic (0+ / 0-)

      used in the Windsor ruling.    And rather than drawing on Full Faith and Credit and having to wrestle with the "public policy exception" to FF&C, the ruling deals more directly with the disparate harm caused by a failure to recognize one marriage while recognizing another.

      I think this is part of the reason Scalia was so royally pissed in his dissent in Windsor.   Equal protection AND equal dignity are what Windsor requires at both the state and federal level despite DOMA section 2 still standing, even if it stands in name only.

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