Supreme Court Weighing Gay Marriage Cases (Hawaii, becoming, legal, Obama)
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Congress can't decide what is and is not marriage. SCOTUS just ruled that the definition of marriage is the domain of the States.
No, SCOTUS just ruled that the ban on federal benefits in DOMA violates the equal treatment clauses in the constitution.
Answering your original question, DOMA explicitly states that states that don't recognize same-sex marriage don't have to accept SSM marriages from other states. This part of the law wasn't in the scope of today's decision. Based on today's ruling, however, it will just be a matter of challenging this clause in the courts since it violates both equal treatment and full faith and credit.
I suspect that will be the next thing SCOTUS has to look at with respect to same sex marriage. However, this is not always the case with marriage and should not be assumed. For example, some states do not recognize marrying first cousins but others do. If you move to a state where that is not recognized, you are, from the state's perspective, not married.
Yes, but the same sex marriage issue is different. In your example, a state has chosen not to recognize the marriages of all first cousins without respect to gender or sexual orientation. The issue will be can a state continue to recognize straight marriages performed in a specific state but not the same sex marriages performed in that same state even though under both federal and state law there is no longer a difference.
It must be hard to live in cognitive dissonance and denial about a husband who is himself in denial. Imagine the depths of inanity one must have to go to in order to protect all that. I also love how people such as herself get to somehow victoriously claim being "at the level of god" and casting judgment on all other people. Pretty self-righteous and arrogant, don't you think?
Location: By the sea, by the sea, by the beautiful sea
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Quote:
Originally Posted by lionsgators
finally I figure out this thread is about gay marriage. gee, another gay marriage thread. how original. of course they won't have to answer for anything in the afterlife silly, they will be mocked here on earth. not really by me, because I think the institution of marriage is a joke, and begging for government acceptance is pathetic.
Really?
It's pathetic to want to be allowed to do simple little things like visit someone you're in a committed relationship with in the hospital?
Personally, I think it's pathetic so many self-righteous twits take it as their duty to ride moral herd on others who are doing nothing to hurt anyone.
No, SCOTUS just ruled that the ban on federal benefits in DOMA violates the equal treatment clauses in the constitution.
Answering your original question, DOMA explicitly states that states that don't recognize same-sex marriage don't have to accept SSM marriages from other states. This part of the law wasn't in the scope of today's decision. Based on today's ruling, however, it will just be a matter of challenging this clause in the courts since it violates both equal treatment and full faith and credit.
Subject to certain constitutional guarantees, see, e.g., Loving v.
Virginia, 388 U. S. 1, “regulation of domestic relations” is “an area
that has long been regarded as a virtually exclusive province of the
States,” Sosna v. Iowa, 419 U. S. 393, 404. The significance of state
responsibilities for the definition and regulation of marriage dates to
the Nation’s beginning; for “when the Constitution was adopted the
common understanding was that the domestic relations of husband
and wife and parent and child were matters reserved to the States,”
Ohio ex rel. Popovici v. Agler, 280 U. S. 379, 383–384. Marriage laws
may vary from State to State, but they are consistent within each
State
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DOMA: Michele Bachmann seriously needs help
