Active Users:797 Time:07/02/2026 04:25:36 AM
I wonder about that one as well. Joel Send a noteboard - 19/10/2012 12:39:54 AM
Initially I was confused about why this wasn't mentioned in your summary. Then I read the judgement and saw that the marriage took place in Canada, so the clause doesn't apply. But it seems pretty obvious to me that if one state refuses to recognise a marriage conducted in another state (as sec. 2 of DOMA purports to allow), that contravenes Art. IV sec. 1. of the Constitution. Windsor challenged sec. 3; is anyone challenging sec. 2?

As you surely recall, one of the big arguments against state laws allowing gay marriage, and a key motivation behind the DoMA, was that the Full Faith and Credit Clause would force all states to recognize gay marriage if any did. Many state gay marriage laws were explicitly modified in response to those fears, denying out of state couples the ability to drop in for a wedding illegal in their own state then go home and demand recognition their states laws deny. It seems as open and shut as the Equal Protection Clause argument but then, I am not a lawyer.

I find it interesting that, on both burden of proof and the Equal Protection Clause, conservatives and liberals take opposing views of the Constitution on gay marriage, but switch places on guns. I can respect both loose and strict construction views of the Constitution, but going back and forth as convenient strikes me as very self serving. If the Constitution requires TX to accept gay marriage licenses issued in CT, surely it requires CT accept gun licenses issued in TX; it cannot require either unless it requires both, because both rest on the same constitutional foundation.
Honorbound and honored to be Bonded to Mahtaliel Sedai
Last First in wotmania Chat
Slightly better than chocolate.

Love still can't be coerced.
Please Don't Eat the Newbies!

LoL. Be well, RAFOlk.
Reply to message
2nd Circuit rules in favor of Edith Windsor. DOMA unconstitutional. - 18/10/2012 08:37:12 PM 1061 Views
An excellent ruling. Thanks for the post. *NM* - 18/10/2012 08:47:54 PM 306 Views
Oh, and they addressed the First Circuit's argument: - 18/10/2012 08:54:47 PM 841 Views
I always knew that DomA guy was bad news. - 18/10/2012 09:05:13 PM 586 Views
Do you know if there's a case about DOMA and the "full faith and credit" clause? - 18/10/2012 10:05:11 PM 755 Views
I wonder about that one as well. - 19/10/2012 12:39:54 AM 713 Views
I'm sure there is. The California case is likely to discuss it. - 19/10/2012 02:48:02 PM 767 Views
There is a good chance it won't happen - 19/10/2012 03:02:50 PM 816 Views
Kennedy will go along with them. *NM* - 19/10/2012 10:05:38 PM 289 Views
As it should be; the DoMA was always a brazen affront to the Equal Protection Clause - 19/10/2012 12:06:13 AM 831 Views
Not really - 19/10/2012 02:16:04 PM 748 Views
Not quite - 19/10/2012 02:56:56 PM 639 Views
Yes, really, for "any CONSTITUTIONALLY PROTECTED RIGHT." - 19/10/2012 03:12:11 PM 725 Views
joel, please stop - 19/10/2012 05:42:51 PM 695 Views
That's such a stupid, puerile argument. - 19/10/2012 03:47:26 PM 714 Views
Not the best analogy, though I agree with the sentiment. - 19/10/2012 04:10:11 PM 648 Views
Then by the "legal argument" you all propose I should have the "right" to marry a spoon... - 19/10/2012 05:48:32 PM 664 Views
if your spoon or dog is capable of making power of attorney decisions then by all means do so *NM* - 19/10/2012 06:41:43 PM 305 Views
How about I "marry" a corporation then. THAT is how stupid the entire arguement is. *NM* - 19/10/2012 07:25:13 PM 299 Views
Another good example of how corporations aren't the same as people. *NM* - 19/10/2012 10:07:32 PM 307 Views
Would you be the bride? Would you wear white? - 20/10/2012 07:58:52 PM 637 Views
You have obviously not read my posts very carefully - 22/10/2012 04:23:22 PM 600 Views
Ah, the "I have Gay Friends" argument. - 22/10/2012 09:33:41 PM 619 Views
It was only a matter of time. - 19/10/2012 02:49:21 PM 672 Views
I do not understand why fundamentalists demand government dictate religion. - 19/10/2012 03:22:54 PM 839 Views
Which is why the entire method of legal attack being mounted is dumb. - 19/10/2012 05:53:12 PM 754 Views
the only ones forcing their beliefs down everyone's throats are people like yourself - 19/10/2012 06:44:57 PM 719 Views
There is no right being denied... - 19/10/2012 07:22:24 PM 680 Views
No? - 19/10/2012 11:34:36 PM 651 Views
Really - 22/10/2012 04:29:38 PM 665 Views
You are making one, huge factual mistake that is screwing up your entire argument: - 20/10/2012 11:00:28 PM 708 Views
Nope I am not - 22/10/2012 04:34:59 PM 637 Views
That is just it: Most US marriage laws are already areligious. - 23/10/2012 05:08:38 PM 650 Views
Yes, the laws are 100% secular... - 23/10/2012 07:01:08 PM 624 Views

Reply to Message