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To: Sherman Logan; All
Could you reconsider what I previously posted? Please note that Section 2 of DOMA, which reflects Congress's powers of Article IV, Section 1, still stands even though the Court struck down Section 3.
43 posted on 02/12/2014 11:29:51 AM PST by Amendment10
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To: Amendment10

Good point.

I guess my point is that I believe the Court may have been in error in not striking down Section 2.

Once Congress arrogates this power to itself, what is to keep it from deciding that custody decisions, divorces, etc. by one state need not be respected by others?

The point is moot, of course, since the present, and probably any future, Congress would not pass a DOMA. In fact, they are more likely to pass a law requiring every state to accept any marriage legal in another state. Which, if you accept the constitutionality of Section 2, seems well within their power.


44 posted on 02/12/2014 11:37:26 AM PST by Sherman Logan
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