Inb4federalpoliticalhackjudgecallsitunconstitutional!
Get the ball rolling, and maybe more timid states (that are inclined in that direction) will join in.
I will have to read this later. There is a lot to digest.
It would seem that marriage is a state issue, but, like abortion, it has been co-opted by the federal government/Supreme Court. That is my first thought, though I’m probably wrong.
In any case, good for Arkansas! As Mike Gallagher would say, they are “fighting the good fight.” :)
Agree with the author that the “full faith and credit” clause has nothing to do with what is specifically a State issue, thus the 10th Amendment controls any such rulings. SCOTUS has no direction where the Constitution is silent. If it is not specifically stated in the Constitution or any of its Amendments, then it is a State issue. Mike Drop.
Legally, nice try but no cigar.
SCOTUS has spoken affirmatively to the constitutionality of the issue.
No state constitutional amendment nor other addition, nor statute will superseded that.
Know we don’t like it, but it’s the law.
Withdrawn 3-14-2017
Unless you are talking about Concealed Carry.
Onward!
"Article IV, Section 1: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
If I understand the Supreme Court’s decision in United States v. Windsor (DOMA) correctly, what the corrupt media and pro-LGBT, state sovereignty-ignoring justices probably don't want anybody to find about the Court's decision that DOMA is unconstitutional is explained as follows.
The main provisions in DOMA are as follows.
This Act may be cited as the "Defense of Marriage Act”.
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.
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.
What the Supreme Court actually decided was unconstitutional about DOMA is Section 3 which defines marriage. And I agree with the Supreme Court’s decision because the states have never expressly constitutionally delegated to the feds the specific power to regulate marriage per se, marriage uniquely a state power issue.
But not only is Section 2 of DOMA evidently still in effect (corrections welcome), it is a good example of Congress’s “Full Faith and Credit” power to regulate the effect of records between states.
So not only is it wise for Arkansas and any state to put its marriage policies in writing, but the Arkansas marriage bill is strengthened by Section 2 of DOMA where effect is concerned.
Again, we haven’t been hearing about DOMA with respect to Congress’s power to regulate effect of marriage between states probably because of Obama era pro-LGBT political correctness.
Good article. Thanks.
Withdrew it?
They use the Full Faith and Credit Clause when it suits them. For DOMA, no. For my concealed carry permit, no.
Gay marriage? Yes. Immunity for illegal aliens? Yes.
I’m surprised the States haven’t tried to pass a bill essentially nullifying the worst parts of Obamacare by passing their own laws on the matter, and allowing their citizens to opt out of buying heath insurance under their own constitution, citing the 9th and 10th Amendments. Mandating HC isn’t a right reserved in the BOR, and you can only make the 14th’s penumbras and emanations extend so far.
Will other states follow?