To: COEXERJ145
Right now this is still a state issue and not a federal one. The full faith and credit clause of the Constitution would say otherwise.
11 posted on
02/04/2004 8:32:25 AM PST by
Phantom Lord
(Distributor of Pain, Your Loss Becomes My Gain)
To: Phantom Lord
Yes, and once it becomes a federal case, then the President can do something. Right now it is still a state issue. It is quite possible that the federal courts might not agree to hear any full faith & credit cases until the issue is resolved by the voters. If they pass a Constitutional amendment, then the state Supreme Court ruling is void. If they reject it, then there will be a FFC issue.
To: Phantom Lord
Robert Bork has said in an interview that there are 5 votes on the current SCOTUS to toss the federal defense of marriage act, and I believe he is correct. And I do not think a constitutional amendment will make it.
The bottom line: gay marriage will soon be the law of the land everywhere.
and I want to post this disclaimer before someone flames me: IT IS NOT BUSH'S FAULT!
But as with other problems we have, its his to deal with, and given the two realities above, I do not think he is going to be able to really do much about it right now. To be honest, the only way to stop it would be to get some retirements on the court and new appointments who would uphold the DoMA.
To alot of conservative here who are saying they will not vote for Bush because of immigration etc, be advised, if Kerry wins, gay marriage is the law everywhere, FOREVER, because his SCOTUS appointments will see to it.
To: Phantom Lord
The full faith and credit clause is interpreted differently in different states, particularly when it comes to property settlements, child custody, common law marriage, etc.
The notion that it is an absolutist clause is coming out of the ether that surrounds the penumbra of emanations ~ it's as flexibile as any clause in the Constitution.
To: Phantom Lord
Hasn't gay marraige been legal in Hawaii for awhile?
To: Phantom Lord
The Bay State just had a name change
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson