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To: HitmanNY
Quite simply, as I have said, when a couple gets married in one state, and if they go to another state, they remain married...

How does the Defense of Marriage Act fit into this? Would it be declared unconstitutional?

January 16, 1997 - President Clinton signed the Defense of Marriage Act. This Act is important because it will allow a state to choose not to recognize a same-sex "marriage" performed in another state.

179 posted on 02/21/2004 8:08:52 AM PST by DumpsterDiver
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To: DumpsterDiver
I would expect that the Defense of Marriage Act would be challenged on US Constitutional grounds once a couple married in one of the same-sex married states (like Mass) moves to another state that doesn't recognize same-sex marriage. That state would probably elect to exercise its rights under the DOMA, and the couple will cry foul.

Then it will work through the fed courts, each deciding if the DOMA violates the equal protection clause of the USC.

A constitutional amendment would settle it, though - an amendment can't be unconstitutional, by definition, though I put nothing over our activist judge friends.

That's how I see it - I am an attorney but Con Law is not my forte. Maybe another Freeper can do better.
186 posted on 02/21/2004 9:42:45 AM PST by HitmanLV (I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own.)
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