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View Diary: A lion passes (16 comments)

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  •  Obama believes DOMA is wrong (2+ / 0-)
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    Cali Scribe, SSMir

    he will see it is repealed. That is the key you know, with DOMA gone the states Constitutionally are required to recognize same sex marriages performed in other states. Its all over then.

    •  That's is actually not the case - (2+ / 0-)
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      musing85, SSMir

      it has to go in front of the Supreme Court.  States have a constitutional right to reject marriages from other states unless the Court decides that the circumstances are unjust.  The states have won this argument sometimes, and lost it sometimes.

      Saint, n. A dead sinner revised and edited. - Ambrose Bierce

      by pico on Wed Aug 27, 2008 at 06:56:13 PM PDT

      [ Parent ]

      •  I don't not believe that is the case (0+ / 0-)

        Full Faith and Credit clause Art IV section 1. Actually unless tested the States do not have a choice. The only reason to test it in front of the Supremes is to have them rule the States get to decide, which would have the same effect as a marriage amendment. It is unlikely to be a winner, given Federal courts have already ruled states that do not allow gays to adopt must honor adoptions permitted in other states. There are very serious consequences in finding FF&C doesn't apply to same sex marriages and even with the Supremes as they are I would frankly be surprised if they would even hear the case.

        •  But it still has to go to the Supreme Court, (3+ / 0-)
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          musing85, SSMir, snackdoodle

          because states with constitutional bans will sue and claim a public policy exception, and refuse to honor them.  Here's some legal commentary you might consider - I don't want to go too into depth here, because we're getting way off topic from the diary itself.

          Saint, n. A dead sinner revised and edited. - Ambrose Bierce

          by pico on Wed Aug 27, 2008 at 07:28:35 PM PDT

          [ Parent ]

        •  IANAL, but my understanding (1+ / 0-)
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          musing85

          is that FF&C hasn't generally been held to apply to marriage licenses; for the most part the recognition of out-of-state marriages is a matter of "comity" for which exceptions can be made. Adoptions (and ironically, divorces), on the other hand, are covered by FF&C and not merely matters of comity because they're the result of judicial decisions rather than administrative actions.

          I do like conducting hearings in an actual hearing room -- John Conyers

          by ebohlman on Wed Aug 27, 2008 at 08:28:57 PM PDT

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    •  He also believes marriage equality is wrong (1+ / 0-)
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      pico

      And no, the Full Faith and Credit Clause doesn't require that states automatically recognize acts performed in other states. As the second sub-clause states, Congress is given the power "...by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof." Absent such a law on same-gender marriages, we'll be left with a patchwork of different state laws even if DOMA is repealed.

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