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To: Chancellor Palpatine
I can't believe the depth and breadth of the ignorance of posters on this issue, and the willingness of all these "smaller government" types to surrender State's Rights to define marriage to the Federal Government.

What's even funnier is that not having bothered to do a minute of research on this, they chose instead to listen to the doom and gloom brigade, and are ready to declare defeat, in spite of the fact that States already posses the right not to honor the Full Faith and Credit Clause of the US Constitution when it comes to marriages.

"There are three commonly recognized categories of marriages contracted in another state that will not be recognized in the forum state. First, marriages that are contracted by domiciliaries of the forum state in another state for the express purpose of evading the law of the forum state are deemed invalid. E.g., Loughran v. Loughran, 292 U.S. 216 (1934) (marriage entered into in Florida, in violation of D.C. prohibition against remarriage within certain amount of time after prior divorce, invalid in D.C.); Barbosa-Johnson v. Johnson, 174 Ariz. 567, 851 P.2d 866 (Ct. App. 1993) (appellate court holding that evidence did not sustain finding that parties had married in Puerto Rico for the purpose of evading the law of Arizona). See generally Uniform Marriage Evasion Act, 9 U.L.A. 480 (1942) (N.B.: The Uniform Marriage Evasion Act is superseded by the Uniform Marriage and Divorce Act, and was officially withdrawn from consideration by the drafters in 1943)."

"Second, states have refused to recognize marriages that are solemnized in sister states when the parties are of a level of sanguinity that is forbidden in the forum state. E.g., McMorrow v. Schweiker, 561 F. Supp. 584 (D.N.J. 1982) (rule recognizing foreign marriages does not apply to incestuous marriages); Catalano v. Catalano, 148 Conn. 288, 170 A.2d 726 (1961); In re May's Estate, 305 N.Y. 486, 114 N.E.2d 14 (1953)."

"Third, states have refused to recognize marriages that are solemnized in sister states when the parties are not deemed of sufficient age to marry, as determined in the forum state. E.g., Wilkins v. Zelchowski, 26 N.J. 370, 140 A.2d 65 (1958)."

We should examine existing law before deciding that the best course of action is to hand more power to the Federal Government.

Luis

P.S. And if we don't overturn the Defense of Marriage Act before it's challenged in Federal Court, the next Amendment will be the one defining the right of same-sex couples to marry.

161 posted on 06/29/2003 7:56:59 PM PDT by Luis Gonzalez (Cuba será libre...soon.)
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To: Luis Gonzalez
P.S. And if we don't overturn the Defense of Marriage Act before it's challenged in Federal Court, the next Amendment will be the one defining the right of same-sex couples to marry.

BS. They couldn't pass it in California, Vermont or Hawaii. The Hawaians set a precednt. Judical Activists found a right for homosexual marriage and the residents of Hawaii amended the state constitution to tell their rogue court where to stick it.

174 posted on 06/29/2003 8:02:37 PM PDT by jwalsh07
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To: Luis Gonzalez
A Constitutional Amendment would be preferable. After all the reason why the 14th Amendendment is part of the Constitution is because a legislative act can be reversed or picked apart by a court.
185 posted on 06/29/2003 8:05:59 PM PDT by RobbyS
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To: Luis Gonzalez
I can't believe the depth and breadth of the ignorance of posters on this issue, and the willingness of all these "smaller government" types to surrender State's Rights to define marriage to the Federal Government.

Not to show any disrespect, but did you somehow miss what happened last week with the Supreme Court? It's too late for your argument, unfortunately. This amendment is needed (that is, assuming you think that marriage is important).

215 posted on 06/29/2003 8:16:15 PM PDT by Republican Wildcat (Help us elect Republicans in Kentucky! Click on my name for links to all the 2003 candidates!)
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To: Luis Gonzalez
"I can't believe the depth and breadth of the ignorance of posters on this issue, and the willingness of all these "smaller government" types to surrender State's Rights to define marriage to the Federal Government."

Read my posting at #180. I don't think any of the laws you posted would come into play if a State makes an amendment to their constitution saying same sex marriage is legal.

217 posted on 06/29/2003 8:16:37 PM PDT by Spunky (This little tag just keeps following me where ever I go.)
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To: Luis Gonzalez
P.S. And if we don't overturn the Defense of Marriage Act before it's challenged in Federal Court, the next Amendment will be the one defining the right of same-sex couples to marry.

You're out of your gord. A Gay Marriage Amendment would garner about 5% support, max. It would be defeated so quickly as to become the stuff of anecdotes. "Wow, that failed quicker than the Gay Marriage Amendment." Sorry, hombre.
244 posted on 06/29/2003 8:28:28 PM PDT by Antoninus (In hoc signo, vinces †)
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To: Luis Gonzalez
"P.S. And if we don't overturn the Defense of Marriage Act before it's challenged in Federal Court, the next Amendment will be the one defining the right of same-sex couples to marry. "

Luis, the Supreme Court wil rule that it is demeaning to gays and therefore a violation of their 14th amendment rights for a state not to recognize their "marriage".
Whether there is a DOMA or not.

That is one of the few certain inferences from this bizarre ruling.

267 posted on 06/29/2003 8:41:05 PM PDT by mrsmith
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