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To: CMAC51

“And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.”

You quoted it, but you didn’t get the significance of it.

Congress has exercised its authority under the FF&C: “28 U.S.C. 115, 1738C. Certain acts, records, and proceedings and the effect thereof.

“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.”


36 posted on 07/26/2011 8:19:41 AM PDT by freedomwarrior998
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To: freedomwarrior998

To my knowledge, this statute has not been called to pass constitutional review (I mean the Supreme Court, not lower courts). On the one hand I would like to see it ruled valid, however on the other hand I think it extends beyond the scope of the text and further erodes federalism.

Well the stage is set now and I am sure the issue will be forced one way or another. Interestingly I believe Thomas and Scalia who are personally proponents of traditional marriage will come down against this statute because above all else, they are strict constitutionalists. The four lefties will obviously come down against it, so I don’t think it will stand.


53 posted on 07/26/2011 11:32:23 AM PDT by CMAC51
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