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To: CharlesWayneCT

How does it not effect DOMA? If gays in CA or MA move to another state which does NOT recognize gay marriage, DOMA gives that state the authority to NOT recognize that gay union. This will be a crucial defense to any equal protection or substantive due process argument.


310 posted on 05/15/2008 5:43:16 PM PDT by conservativeinferno (My SUV is the urban squirrel's worst predator.)
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To: conservativeinferno

As I said elsewhere, this doesn’t effect DOMA, and more than Mass. did. DOMA is only effected if some federal judge decides to force another state to recognize a gay marriage from Mass. or now California.


318 posted on 05/15/2008 5:47:16 PM PDT by CharlesWayneCT
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To: conservativeinferno

My law school dean argued before the CA Supreme Ct on this matter and my family law prof is involved as well. Go read DOMA and you will see that it allows a state that does not recognize gay marriage to deny full faith and credit to a gay couple who tries to move to a state that does not recognize gay marriage.

If a gay couple from MA or CA move to VA, then under DOMA VA does not have to recognize that gay union and therefore does not have to give it full faith and credit.


339 posted on 05/15/2008 6:08:22 PM PDT by conservativeinferno (My SUV is the urban squirrel's worst predator.)
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