DOMA Ruled Unconstitutional

[sailor]

i Would think, once it's back to the states, that the full faith and credit clause should work to get it legal in all 50 states. It worked for Loving (that was interracial marriage, right?)

Loving was the inter-racial marriage, but specifically it only forced states with laws banning inter-racial marriage to recognize inter-racial marriages performed outside of those states.



It would be similar to New York a few years ago. New York would not allow same-sex marriages to occur in NY, but if the same-sex couple traveled to MA to get married, the marriage would be granted full recognition in NY.

Not sure if VA, etc also then repealed their ban, just didn't enforce it, or if the actual ban went to court to be struck down.

[mandrina]

Loving was the inter-racial marriage, but specifically it only forced states with laws banning inter-racial marriage to recognize inter-racial marriages performed outside of those states.

It would be similar to New York a few years ago. New York would not allow same-sex marriages to occur in NY, but if the same-sex couple traveled to MA to get married, the marriage would be granted full recognition in NY.

Not sure if VA, etc also then repealed their ban, just didn't enforce it, or if the actual ban went to court to be struck down.

so then over the next however many years, those states that banned interracial marriage then either debanned it or didn't enforce the ban, to the point now that an interracial couple can get married in all 50 states. So long as gay marriage is legal in one state, the full faith and credit clause should get their marriage recognized in any other state and by the feds for federal business related to the fact someone is married. Once that's done, it;s a matter of time until the other laws are repealed, or ignored. T'ain't perfect, but it should get the ball really rolling. Ny bet is that with a month or less of that sort of ruling, every single state will have at least one same-sex married couple that forces the state to recognize their marriage since it was done in another state. Heck, I'd give it less than a week. The laws will follow.

[sailor]

so then over the next however many years, those states that banned interracial marriage then either debanned it or didn't enforce the ban, to the point now that an interracial couple can get married in all 50 states. So long as gay marriage is legal in one state, the full faith and credit clause should get their marriage recognized in any other state and by the feds for federal business related to the fact someone is married. Once that's done, it;s a matter of time until the other laws are repealed, or ignored. T'ain't perfect, but it should get the ball really rolling. Ny bet is that with a month or less of that sort of ruling, every single state will have at least one same-sex married couple that forces the state to recognize their marriage since it was done in another state. Heck, I'd give it less than a week. The laws will follow.

There are a few other road blocks.

Full faith and credit is not an automatic. A state could still ban different types of marriages from being performed within their borders. It is a matter of heightened scrutiny as the standard of review. For example there are a number of states that ban 1st cousin marriages, and a couple that moves to some of those states will void the marriage. (Although I wouldn't be surprised if the SSM marriage cases effectively eliminate such laws.)

Same goes to uncle & niece marriages.