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To: Ken H
All of that is true, but you simply cannot get around a judicial review of laws passed by Congress.

That's only true in cases where courts are needed to bring the act of Congress into effect. But the purpose of DOMA was to reduce the ability of the federal government to impose itself on the states. So Congress doesn't need federal courts at all to administer that law. All that's required is for states to exercise their freedom under DOMA.

It would be a very good day if and when a state defies a federal court that tries to unconstitutionally order it to do otherwise.

16 posted on 05/28/2004 10:55:12 AM PDT by inquest (The only problem with partisanship is that it leads to bipartisanship)
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To: inquest
IIRC the DOMA means that a state need not recognize a gay marriage from another state.

If that is so, then it seems to me that if Mr.& Mr. Smith from Massachussetts moved to Texas, they could challenge that law on the basis of the Full Faith and Credit Clause.

Disclaimer: I think it is a bogus argument and that each State should decide the marriage issue. However, I don't see what would prevent a court challenge.

18 posted on 05/28/2004 1:01:39 PM PDT by Ken H
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