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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 970 Views
An excellent ruling. Thanks for the post. *NM* - 18/10/2012 08:47:54 PM 270 Views
Oh, and they addressed the First Circuit's argument: - 18/10/2012 08:54:47 PM 752 Views
I always knew that DomA guy was bad news. - 18/10/2012 09:05:13 PM 505 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 671 Views
I wonder about that one as well. - 19/10/2012 12:39:54 AM 625 Views
I'm sure there is. The California case is likely to discuss it. - 19/10/2012 02:48:02 PM 668 Views
There is a good chance it won't happen - 19/10/2012 03:02:50 PM 735 Views
Kennedy will go along with them. *NM* - 19/10/2012 10:05:38 PM 255 Views
As it should be; the DoMA was always a brazen affront to the Equal Protection Clause - 19/10/2012 12:06:13 AM 749 Views
Not really - 19/10/2012 02:16:04 PM 670 Views
Not quite - 19/10/2012 02:56:56 PM 545 Views
Yes, really, for "any CONSTITUTIONALLY PROTECTED RIGHT." - 19/10/2012 03:12:11 PM 645 Views
joel, please stop - 19/10/2012 05:42:51 PM 606 Views
That's such a stupid, puerile argument. - 19/10/2012 03:47:26 PM 621 Views
Not the best analogy, though I agree with the sentiment. - 19/10/2012 04:10:11 PM 554 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 587 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 271 Views
How about I "marry" a corporation then. THAT is how stupid the entire arguement is. *NM* - 19/10/2012 07:25:13 PM 263 Views
Another good example of how corporations aren't the same as people. *NM* - 19/10/2012 10:07:32 PM 266 Views
Would you be the bride? Would you wear white? - 20/10/2012 07:58:52 PM 541 Views
You have obviously not read my posts very carefully - 22/10/2012 04:23:22 PM 521 Views
Ah, the "I have Gay Friends" argument. - 22/10/2012 09:33:41 PM 535 Views
It was only a matter of time. - 19/10/2012 02:49:21 PM 596 Views
I do not understand why fundamentalists demand government dictate religion. - 19/10/2012 03:22:54 PM 748 Views
Which is why the entire method of legal attack being mounted is dumb. - 19/10/2012 05:53:12 PM 669 Views
the only ones forcing their beliefs down everyone's throats are people like yourself - 19/10/2012 06:44:57 PM 635 Views
There is no right being denied... - 19/10/2012 07:22:24 PM 602 Views
No? - 19/10/2012 11:34:36 PM 573 Views
Really - 22/10/2012 04:29:38 PM 581 Views
You are making one, huge factual mistake that is screwing up your entire argument: - 20/10/2012 11:00:28 PM 621 Views
Nope I am not - 22/10/2012 04:34:59 PM 558 Views
That is just it: Most US marriage laws are already areligious. - 23/10/2012 05:08:38 PM 571 Views
Yes, the laws are 100% secular... - 23/10/2012 07:01:08 PM 546 Views

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