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Question about marriage laws of states vs U.S. ruling on gay marriage
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miko33 Offline
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Question about marriage laws of states vs U.S. ruling on gay marriage
They way I understand marriage laws - and other laws that are the responsibility of the states - marriages made in state A are recognized by state B, C, etc. Same is true of drivers licenses, where a state wouldn't imprison an out of state motorist for not having an in-state license if he/she is just passing thru or vacationing there. So when states started granting same sex marriages legally based on their wishes, how could other states whose people opposed gay marriage not recognize them? Wouldn't that invite states to start refusing to recognize all marriages licenses issued by other states?

I'm not a lawyer, so I honestly don't know if I have this wrong or if my assumptions above are valid. If they are valid, then I don't see how the Feds wouldn't have had to step into the mess.
09-16-2015 09:49 PM
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Hambone10 Offline
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RE: Question about marriage laws of states vs U.S. ruling on gay marriage
It's a 100 page decision so there are obviously lots of nuances still to be worked out, but on page 1....

Held: The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. Pp. 3–28.

In other words, that was entirely the point
09-17-2015 10:09 AM
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UCF08 Offline
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RE: Question about marriage laws of states vs U.S. ruling on gay marriage
(09-17-2015 10:09 AM)Hambone10 Wrote:  It's a 100 page decision so there are obviously lots of nuances still to be worked out, but on page 1....

Held: The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. Pp. 3–28.

In other words, that was entirely the point

This is what I thought, and why there was such a push for a constitutional amendment from those on the right who were actually serious about stopping Gay Marriage. Those who just gave it lip service and pushed for state laws were aware that the Full Faith and Credit clause and the 14th Amendment would likely lead to gay marriage ultimately being legal, and rightly so. Can't offer government protections to some people and not others based on an arbitrary distinction.
09-17-2015 11:19 AM
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HeartOfDixie Offline
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RE: Question about marriage laws of states vs U.S. ruling on gay marriage
The issue is full faith and credit. The states do not recognize everything that comes across their boarders. It's why we have complex choice of law issues and such.

The issue is the 14th Amendment and the feeling by some that the 14th Amendment can be construed in a way that allows the Federal government unlimited power to regulate and adjudicate issues that are specifically given to the States in the 10th Amendment. There are those who feel the 14th Amendment is basically carte blanche for the Federal government to control absolutely everything because there simply is no situation in which you cannot craft an argument where the 14th wouldn't, at least in some way, apply.
09-17-2015 11:28 AM
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UCF08 Offline
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RE: Question about marriage laws of states vs U.S. ruling on gay marriage
(09-17-2015 11:28 AM)HeartOfDixie Wrote:  The issue is full faith and credit. The states do not recognize everything that comes across their boarders. It's why we have complex choice of law issues and such.

That was my understanding too.
09-17-2015 11:36 AM
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