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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.
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2nd Circuit rules in favor of Edith Windsor. DOMA unconstitutional. - 18/10/2012 08:37:12 PM 1138 Views
An excellent ruling. Thanks for the post. *NM* - 18/10/2012 08:47:54 PM 339 Views
Oh, and they addressed the First Circuit's argument: - 18/10/2012 08:54:47 PM 915 Views
I always knew that DomA guy was bad news. - 18/10/2012 09:05:13 PM 659 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 820 Views
I wonder about that one as well. - 19/10/2012 12:39:54 AM 786 Views
I'm sure there is. The California case is likely to discuss it. - 19/10/2012 02:48:02 PM 849 Views
There is a good chance it won't happen - 19/10/2012 03:02:50 PM 883 Views
Kennedy will go along with them. *NM* - 19/10/2012 10:05:38 PM 324 Views
As it should be; the DoMA was always a brazen affront to the Equal Protection Clause - 19/10/2012 12:06:13 AM 910 Views
Not really - 19/10/2012 02:16:04 PM 815 Views
Not quite - 19/10/2012 02:56:56 PM 708 Views
Yes, really, for "any CONSTITUTIONALLY PROTECTED RIGHT." - 19/10/2012 03:12:11 PM 785 Views
joel, please stop - 19/10/2012 05:42:51 PM 765 Views
That's such a stupid, puerile argument. - 19/10/2012 03:47:26 PM 786 Views
Not the best analogy, though I agree with the sentiment. - 19/10/2012 04:10:11 PM 716 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 741 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 336 Views
How about I "marry" a corporation then. THAT is how stupid the entire arguement is. *NM* - 19/10/2012 07:25:13 PM 337 Views
Another good example of how corporations aren't the same as people. *NM* - 19/10/2012 10:07:32 PM 341 Views
Would you be the bride? Would you wear white? - 20/10/2012 07:58:52 PM 705 Views
You have obviously not read my posts very carefully - 22/10/2012 04:23:22 PM 668 Views
Ah, the "I have Gay Friends" argument. - 22/10/2012 09:33:41 PM 694 Views
It was only a matter of time. - 19/10/2012 02:49:21 PM 745 Views
I do not understand why fundamentalists demand government dictate religion. - 19/10/2012 03:22:54 PM 909 Views
Which is why the entire method of legal attack being mounted is dumb. - 19/10/2012 05:53:12 PM 818 Views
the only ones forcing their beliefs down everyone's throats are people like yourself - 19/10/2012 06:44:57 PM 793 Views
There is no right being denied... - 19/10/2012 07:22:24 PM 747 Views
No? - 19/10/2012 11:34:36 PM 717 Views
Really - 22/10/2012 04:29:38 PM 728 Views
You are making one, huge factual mistake that is screwing up your entire argument: - 20/10/2012 11:00:28 PM 770 Views
Nope I am not - 22/10/2012 04:34:59 PM 701 Views
That is just it: Most US marriage laws are already areligious. - 23/10/2012 05:08:38 PM 728 Views
Yes, the laws are 100% secular... - 23/10/2012 07:01:08 PM 687 Views

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