In effect, this will legalize same-sex marriage in all 50 states, but it will require gays in states like Oklahoma to travel out-of-state to have the ceremony performed; Oklahoma will then have to recognize their marriage when they return. This will permit Kennedy to both legalize same-sex marriage everywhere while still saying that he hasn't abandoned states' rights.
How can states be required to recognize same sex marriages from other states if their own laws prohibit them? It’d be like states being forced to allow hookers to ply their trade because they’re from Nevada.
If that is the ultimate decision, does it, in your legal analysis, set a precedent for all states having to honor concealed-carry permits (i.e. state-issued licenses) from any other state?
Some have argued that since states are able to define degrees of crimes (e.g. felonies) that are similar but ultimately different among the several states that states will continue to have that discretion.
I’m not sure that is an apt comparison because many states reciprocate and honor CCPs from other states. While some states may coincidentally have the same definition of degrees of crimes, they don’t legally recognize another state’s definition of said crime within their own prosecutory system.
Honoring another state’s CCP is more akin to honoring any other license issued by another state.
Take me to the woodshed if you must.
This is the first response I’ve read that said what I’ve been thinking. Maybe Kennedy thinks he can legalize it nationwide this way (hmmm, guess he can), but .... Was going to say it won’t be accepted by those states, but, on reflection, there won’t be any way for them to show their non-acceptance. Oh, lawd!
it does matter because while recognition may be required, it upholds the right of notaries not to have to condone that type of conduct.
It all boils down to whether the USSC will buy the propaganda myth of born that way.