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To: Utah Girl

So, Utah has a state Constitution banning homosexual marriage; however we have a Federal law that says that any state recognized contract (ie marriage) must be recognized in all states. (ie. If I get married in Maine, I’m also legally married in any other state I visit).

So, if a gay couple is legally married in California; which law supersedes? The Utah State Constitution, or the Federal Law?


5 posted on 05/15/2008 5:20:16 PM PDT by Hodar (With Rights, come Responsibilities. Don't assume one, without assuming the other.)
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To: Hodar
Actually I believe that federal law (DOMA) says "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."

The question of course is does this mean that the "Full Faith and Credit" clause in the Constitution applies to this or not. That will be what SCOTUS will have to eventually decide.

10 posted on 05/15/2008 5:32:01 PM PDT by Dawnsblood
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To: Hodar

Massachusetts had a law that allowed gay marriage, but for some reason that I can’t remember, other states didn’t have to recognize it. I need to do some research.


20 posted on 05/15/2008 6:10:29 PM PDT by Utah Girl
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To: Hodar
So, Utah has a state Constitution banning homosexual marriage; however we have a Federal law that says that any state recognized contract (ie marriage) must be recognized in all states.

Unless it is illegal. Nevada law says that prostitution is legal in certain areas. That doesn't mean a Nevada hooker can go to Utah and practice her profession. Two people of the same sex can be married in California but they cannot move to Kansas and claim a marriage deduction on their taxes.

44 posted on 05/16/2008 10:13:10 AM PDT by Non-Sequitur
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