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I think perhaps you are reading something additional into this decision. The court deemed 5th was appropriate because they deemed states define marriage. Federal gov't deemed those state defined marriages were not marriages with DOMA and that was the violation of the 5th. So, the key here is that they decided the states define marriage. In other words, SCOTUS was clear that the Federal gov't does not define marriage and if a state deems a marriage is banned, then per this decision, that is legal and allowed.
To have same sex marriages recognized in states where it is not legal would need an application of the Full Faith and Credit clause, which has never before applied to marriage.
I am not talking about the FF&C clause. I am talking about individual states being taken to court using the precedence of the federal DOMA case. Just about every reason used to rule the federal DOMA law unconstitutional, also would apply to state DOMA laws.
The 5th amendment applies to state laws.
The 14th amendment applies to state laws.
I don't see a sweeping supreme court ruling for a long time.
It is as if I stepped through a worm hole and
have entered another universe...Why not take this whole concept right into the
far future and pass laws of equality were there will be compulsory penis
amputations at birth? Why wait - let the progressive move forward 100 years and
get to it.
Really? Don't you live in a country where gay marriage has been legal for quite some time?
NOW you feel like you've entered a wormhole?
I am not talking about the FF&C clause. I am talking about individual states being taken to court using the precedence of the federal DOMA case. Just about every reason used to rule the federal DOMA law unconstitutional, also would apply to state DOMA laws.
The 5th amendment applies to state laws.
The 14th amendment applies to state laws.
I don't see a sweeping supreme court ruling for a long time.
But the 5th only applied because of the conflict between a state's and federal's definition of marriage. SCOTUS declared that states define marriage. With that, the federal definition cannot stand and by virtue of the 5th (conflicting law), DOMA is struck down.
And it sucks that my thread got combined with this one - too many religious references to this ruling. Would be nice to discuss the LAW and not all the morality based judgements on it.
Unless you haven't read the 14th amendment in the last 145 years: the Equal Protection Clause (as cited by the USSC) is in the 14th Amendment.
Talking about the DOMA decision. My thread got combined with this boondoggle one.
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