Under the Full Faith and Credit Clause, every state is Constitutionally required [to respect the] "public acts, records, and judicial proceedings of every other state."
The meaning of this Clause in case law has never been fully resolved as it applies generally; it has always been dealt with on a case by case basis (or weighed against the case law already ruled upon.) It has never been satisfactorily resolved with regards to marriage in particular. In (long) past holdings, the Court did not rule that states which forbade interracial marriages had to recognize interracial marriages performed in other states. Nobody believes the court would do anything but require them to be recognized today.
The reason for DOMA was that gay activists attempting to pass gay "marriage" in Hawaii told supporters and contributors that once gay "marriage" was approved there, gay "marriage"s performed in Hawaii would have to be recognized in every other state (because of the FFC Clause.)
In the event, the initiative failed in Hawaii, but Congress -- and President Clinton -- wanted to short circuit the possibility that Federal Courts would require gay "marriages" performed in one state to be recognized in another.
The Constitution gives Congress broad power to circumscribe the authority of the Federal Judiciary.
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Article III, Section 2 clearly states: "The Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."
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There is no aspect of DOMA which would have forbidden the Federal Courts from involving themselves in such cases that can possibly be deemed Unconstitutional.
Had Congress simply removed the Court's jurisdiction to rule in cases involving the FFC Clause in case involving the definition of marriage, DOMA would have survived.
Thanks for the history of the DOMA.
Dopers and libertarians can’t think so they won’t have a clue what your comment means, but the rest of us get it.
And the reason the Gay Activists were able to get consideration for Gay Marriage in the first place was because:
Wait for it...
Wait for it...
The Fedgov gives monetary Consideration based on Marital Status.
No Monetary Consideration, No special Fedgov privileges based on Marital Status no issue for the courts to rule on. Instead DOMA was the big fat hanging curve ball that the gay activists crushed out of the park.
Bottom Line: Give Government power over something and they will destroy it.
Don't believe me? See Fedgov in Education, Charity (A.K.A. Welfare), Medical Care, Business, Housing, and now Marriage...