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To: Lurking Libertarian

Or, we could say that, this decision is that the federal government has no right to define marriage.

But is that really true? If I recall correctly, a Supreme Court decision in the late 1800s upheld a federal law which bans polygamy. It was a case dealing with Mormon plural marriage.

It just seems to me that, legally, the federal government should have a definition of marriage, because many areas of federal law depend on marital status. If this decision means that the federal government has to accept any definition of marriage, then I guess I’m lost on the reasoning.


56 posted on 06/01/2012 6:40:57 PM PDT by Dilbert San Diego
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To: Dilbert San Diego
If I recall correctly, a Supreme Court decision in the late 1800s upheld a federal law which bans polygamy. It was a case dealing with Mormon plural marriage.

That case involved the pre-statehood Utah territory. Congress has complete legislative jurisdiction over territories, but not over states.

58 posted on 06/02/2012 8:36:46 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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