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Switch to Forum Live View SCOTUS: DOMA Is Unconstitutional re Differential Treatment of Married Same-Sex Couples
1 year ago  ::  Jun 27, 2013 - 3:50PM #21
TemplarS
Posts: 6,955

Applicability of the full faith and credit clause is complex.


It has been held to apply mainly to legal judgements rendered by courts in one state, not the laws themselves. 


As I understand it, its applicability to marriage has not been definitively decided. DOMA's section 2 was an attempt to legislatively define its applicability to marriage.


It has, however,  been applied to other family law issues such as child custody cases.  In some such cases,  acts of Congress were passed to clarify this (including custody cases, and also protective orders in abuse cases.)  So there is some precedent for Congress to attempt to delineate applicability of the full faith clause.


But only the Supreme Court can decide whether in the case of DOMA Congress had the authority to do so.


Given the long previous history of states accepting marriages conducted in other states without any problems or questions raised, it seems to me that the Full Faith clause, combined with the Equal Protection clause, would be enough to invalidate DOMA section 2.


But I'm not onthe Court.

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1 year ago  ::  Jun 27, 2013 - 7:24PM #22
Ebon
Posts: 10,148

Excellent news, albeit not going as far as was hoped.

He who oppresses the poor shows contempt for their Maker, but whoever is kind to the needy honors God. ~ Proverbs 14:31

Fiat justitia, ruat caelum

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1 year ago  ::  Jun 28, 2013 - 4:52PM #23
Do_unto_others
Posts: 9,296

Jun 27, 2013 -- 3:50PM, TemplarS wrote:


Applicability of the full faith and credit clause is complex.


It has been held to apply mainly to legal judgements rendered by courts in one state, not the laws themselves. 


As I understand it, its applicability to marriage has not been definitively decided. DOMA's section 2 was an attempt to legislatively define its applicability to marriage.


It has, however,  been applied to other family law issues such as child custody cases.  In some such cases,  acts of Congress were passed to clarify this (including custody cases, and also protective orders in abuse cases.)  So there is some precedent for Congress to attempt to delineate applicability of the full faith clause.


But only the Supreme Court can decide whether in the case of DOMA Congress had the authority to do so.


Given the long previous history of states accepting marriages conducted in other states without any problems or questions raised, it seems to me that the Full Faith clause, combined with the Equal Protection clause, would be enough to invalidate DOMA section 2.


But I'm not onthe Court.





Would you let your name stand if we started a write-in campaign?

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1 year ago  ::  Jun 28, 2013 - 9:10PM #24
TemplarS
Posts: 6,955

I wouldn't want to be part of any Court that would have me as a member.



(with a tip of the hat to Groucho....)

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1 year ago  ::  Jun 29, 2013 - 10:33AM #25
Do_unto_others
Posts: 9,296

Jun 28, 2013 -- 9:10PM, TemplarS wrote:


I wouldn't want to be part of any Court that would have me as a member.



(with a tip of the hat to Groucho....)





I thought that was Woody Allen.


 


Sorry to hear that 'if elected, you will not serve'. America would have been the better for it.

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1 year ago  ::  Jun 29, 2013 - 8:17PM #26
REteach
Posts: 15,141

I was on Beliefnet when flame wars would take over multiple threads because one of the posters was gay--even if the thread had nothing to do about sexual orientation. That is why they created a separate sexual orientation board. I think one of the best indicators of the national mood is that this thread is pretty short and banal.  Awesome.  There is hope. 

I know you believe you understand what you think I said, but I am not sure you realize what you heard was not what I meant...
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1 year ago  ::  Jul 14, 2013 - 11:19PM #27
Merope
Posts: 10,903

This thread was moved from the Hot Topics Zone.

Merope | Beliefnet Community Manager
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