DOMA & Same Sex Marriage_marriage law jurisdictions

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DOMA & Same Sex Marriage

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nwfreethinker 2009-05-30 11:54:04 Publish:

"Federal law requires states to recognize each others marriage licenses and drivers licenses. Why they don't have to recognize each others concealed weapons licenses is only because the 2nd hasn't been incorporated."

When someone I like and respect makes a statement sufficiently at variance with reality, it's HARDER to respond, because I can't trot out the usual snark in good conscience and I have to play nice.

Federal law, in the form of the questionably constitutional federal "Defense of Marriage Act" passed in 1996 specifically bars the federal government and its' agencies from any recognition of same-sex marriage in any of its' actions or rulings (in the second section). In the first section, it specifically exempts states, tribes, and subordinate jurisdictions from recognizing/honoring/acknowledging any same-sex marriage or relationship if the whim doesn't strike them.

Subsequently, various states have passed sundry forms of state level DOMA - while somewhat outdated (4 yrs) this site reviews the variety of bans out there, some more vicious, some less. Florida's, for instance, is particularly vile - not only barring same-sex marriages from being performed within the state, but barring recognition of such marriages performed in any other state or foreign jurisdiction as well.

Progress is being made (Washington's "everything but the name" statute this year is one example), but thus far neither the state nor the federal DOMA variants have made it to the Supreme Court of the United States where, with luck, the good justices will batter the silly about the head and shoulders with the "full faith and credit" clause (Section 1) of the United States Constitution - which the various DOMA implementations appear to defy rather directly.

But that time hasn't come yet. Currenly, to invalidate a Massachusetts (For example) same sex marriage, all one must do is gather all the valuables (not required, but par for the course when dealing with the overwrought) and move to Florida sans partner (and STAY there) - no federal or state penalty will incur. In the same mode, if a person falls in love abroad with a person of the same sex and marries them in, say, Sweden - La Migra will not recognize the marriage and will not admit the spouse.

Then we look at Prop. 8 and its' subsequent effects. Oy.

Comments:

I really didn't know that the 1996 legislation contained that clause. Thank you for the education sans snark. I'm pretty pissed about it now that you bring it up.

Allowing states/tribes/etc to ignore the legality of contracts undertaken in other states/tribes/etc undermines the very foundation of the rule of law.

If a marriage contract can be ignored because "it wasn't done here" then we don't have rule of law.

But it is the exact same argument that the anti-gunners have been using for years. "What is appropriate for Chicago may not be appropriate for Casper, Wyoming" argument.

Which got me to thinking...

The real test will be whether or not a person can be charged with bigamy for a same sex marriage conducted out of state in a state that refuses to recognize same sex marriages. How could you convict the test case if the state refuses to admit that the marriage even exists?

But hey, if we can start ignoring contracts undertaken elsewere, imagine Idaho revamping their bankruptcy laws to attract people fleeing credit card debt...similar to the way Nevada revamped it's divorce laws to be more and more liberal over the years.

And once again, thanks for the education. I'm much more passionate about guns than marriage (just ask my wife) but if we allow anyone to be denied freedom we open the door for everyone to be oppressed.

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