To: SeekAndFind
To repeal DOMA would mean that the “full faith and credit clause” takes effect. A same sex marriage in one state will have to be honored in another state.
2 posted on
07/09/2009 7:52:00 PM PDT by
ak267
To: ak267
A same sex marriage in one state will have to be honored in another state.
That would mean that if one state eventually allows polygamy, the rest of the nation must follow suit.
There was a time when Utah was allowed to join the union only on the condition that marriage in that state be defined as one man one woman.
Now it seems that if we have enough Muslims in this country who sue for equal rights and non-discrimination for a state to recognize polygamy ( which is allowed in their religion ), they could eventually win in a liberal state.
That would mean that under the full faith and credit clause, polygamy must be allowed in the other states as well ( that is, if the gay marriage precedent were eventually ruled this way by the courts ).
To: ak267
"To repeal DOMA would mean that the “full faith and credit clause” takes effect. A same sex marriage in one state will have to be honored in another state."
I'm not positive about that. I've heard reasonable arguments made about why it wouldn't. (I'm not a lawyer. I could be wrong about them being sound arguments. It's possible I just want them to be sound.) If it does apply then should apply and DOMA shouldn't be able to bar it. Legislation doesn't trump the constitution unless it's a legal amendment. DOMA is an act of congress but it isn't an amendment shutting down the full faith and credit clause.
I see this as more of a Bill of Rights matter - the 10th in particular. I think I can support that as long as it returns control of a lot of matters back to the local states. Matters like abortion, adoption, banking, drug laws, gun laws, etc. etc. The states would be less unified but I'm not sure conformity from above is the way that arguments about these matters will be settled and won.
To: ak267
To repeal DOMA would mean that the full faith and credit clause takes effect. A same sex marriage in one state will have to be honored in another state. Probably not. Just because something is legal in one state doesn't mean it's legal in another. A woman can operate as a hooker in much of Nevada, that doesn't mean she can peddle her wares in Utah. Assisted suicide is legal in Oregon, Washington, and Montana but that doesn't mean you can assist someone in ending their life in Ohio or Illinois.
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