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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 902 Views
An excellent ruling. Thanks for the post. *NM* - 18/10/2012 08:47:54 PM 256 Views
Oh, and they addressed the First Circuit's argument: - 18/10/2012 08:54:47 PM 712 Views
I always knew that DomA guy was bad news. - 18/10/2012 09:05:13 PM 467 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 634 Views
I wonder about that one as well. - 19/10/2012 12:39:54 AM 585 Views
I'm sure there is. The California case is likely to discuss it. - 19/10/2012 02:48:02 PM 628 Views
There is a good chance it won't happen - 19/10/2012 03:02:50 PM 697 Views
Kennedy will go along with them. *NM* - 19/10/2012 10:05:38 PM 239 Views
As it should be; the DoMA was always a brazen affront to the Equal Protection Clause - 19/10/2012 12:06:13 AM 715 Views
Not really - 19/10/2012 02:16:04 PM 637 Views
Not quite - 19/10/2012 02:56:56 PM 505 Views
Yes, really, for "any CONSTITUTIONALLY PROTECTED RIGHT." - 19/10/2012 03:12:11 PM 610 Views
joel, please stop - 19/10/2012 05:42:51 PM 572 Views
That's such a stupid, puerile argument. - 19/10/2012 03:47:26 PM 589 Views
Not the best analogy, though I agree with the sentiment. - 19/10/2012 04:10:11 PM 518 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 548 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 257 Views
How about I "marry" a corporation then. THAT is how stupid the entire arguement is. *NM* - 19/10/2012 07:25:13 PM 248 Views
Another good example of how corporations aren't the same as people. *NM* - 19/10/2012 10:07:32 PM 252 Views
Would you be the bride? Would you wear white? - 20/10/2012 07:58:52 PM 506 Views
You have obviously not read my posts very carefully - 22/10/2012 04:23:22 PM 481 Views
Ah, the "I have Gay Friends" argument. - 22/10/2012 09:33:41 PM 502 Views
It was only a matter of time. - 19/10/2012 02:49:21 PM 557 Views
I do not understand why fundamentalists demand government dictate religion. - 19/10/2012 03:22:54 PM 715 Views
Which is why the entire method of legal attack being mounted is dumb. - 19/10/2012 05:53:12 PM 626 Views
the only ones forcing their beliefs down everyone's throats are people like yourself - 19/10/2012 06:44:57 PM 597 Views
There is no right being denied... - 19/10/2012 07:22:24 PM 559 Views
No? - 19/10/2012 11:34:36 PM 537 Views
Really - 22/10/2012 04:29:38 PM 539 Views
You are making one, huge factual mistake that is screwing up your entire argument: - 20/10/2012 11:00:28 PM 583 Views
Nope I am not - 22/10/2012 04:34:59 PM 523 Views
That is just it: Most US marriage laws are already areligious. - 23/10/2012 05:08:38 PM 537 Views
Yes, the laws are 100% secular... - 23/10/2012 07:01:08 PM 505 Views

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