Full Faith and Credit Clause

Discussion in 'Politics' started by NaasPreacher (C4K), Dec 13, 2012.

  1. NaasPreacher (C4K)

    NaasPreacher (C4K)
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    Speaking strictly according to the constitution do all states not have the responsibility to fully recognise marriages issued in every other state? If that is the case what is to keep h0mosexual couples from crossing state lines and then just coming back home. Would that not make the whole debate meaningless since a few states already allow such marriages?
     
    #1 NaasPreacher (C4K), Dec 13, 2012
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  2. saturneptune

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    That has puzzled me since the issue was first brought up years ago. For example, my state would probably one of the last in the union to allow such a practice. In fact, the way it will become legal in this state is by some type of federal law overriding ours. In reality, if someone does this today, say in Vermont, then comes back to Kentucky, it is treated the same as a couple living together.

    Here is a good article on how the DOMA interacts with the full faith and credit clause, and how an absence of the DOMA might change the situation. I do believe that it is only a matter of time, regardless of the details of getting there, that we are headed for this type of marriage being recongnized in every state. I do not think it will take as long as people think. The trend is headed for that.

    http://www.pbs.org/newshour/bb/law/gay_marriage/act.html
     
  3. NaasPreacher (C4K)

    NaasPreacher (C4K)
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    Thanks - I had never actually read DOMA - but I don't see how it can be constitutional. I do see however how the second part of the clause above might be seen as a way to justify DOMA.

    If the Supreme Court rules DOMA unconstitutional then 'faith and credit' will require all states to recognise any couple legally married in one state as married in their state. I too can see this happening very quickly, quite possibly during 2013.
     
    #3 NaasPreacher (C4K), Dec 13, 2012
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  4. Salty

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    I am sure the NRA would have that same question if you were to subusititue the word firearm for " marriages".
     
    #4 Salty, Dec 13, 2012
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  5. OldRegular

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    I believe the Court will rule DOMA unconstitutional!

    There are some advantages to being old!
     
  6. mont974x4

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    I was thinking the same thing as I read the early posts in this thread. If this does happen we can expect the idea being applied to firearms, especially concealed carry, and other issues as well. Marijuana is another prime time issue that will be effected by this. Granted there are federal laws involved that complicate the issue but they won't stop the lawsuits and public debates.
     
  7. Revmitchell

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    http://www.law.yale.edu/news/4174.htm
     
  8. InTheLight

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    If it is allowed for marriage then it would need to be allowed for everything else. For example, conceal and carry gun laws. If someone leaves a state without conceal and carry gun laws, goes to a state that has them, gets a permit and returns to his home state, does he have the right to carry concealed firearms in public in his home state?

    What about other laws? Hunting licenses and game limits, for example. What about licenses to practice law? The list goes on and on.
     
  9. Jerome

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    Full Faith and Credit for Dummies

     
  10. NaasPreacher (C4K)

    NaasPreacher (C4K)
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    Same idea here.

    An exception is driving licences which all states and most countries recognise.
     
  11. NaasPreacher (C4K)

    NaasPreacher (C4K)
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    Addressed the conceal permit in a previous post.

    The right to posses marijuana is according to state law. It is just like the wet and dry states used to be and wet and dry counties are today.

    Pot possession, conceal permits, etc are not legal contracts, marriage is.
     
  12. mont974x4

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    Keep in mind that just because we see things that should obviously negate a challenge in court does not mean the challenges won't come hot and heavy. We have become a culture of lawsuits.
     
  13. NaasPreacher (C4K)

    NaasPreacher (C4K)
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    George Bush was correct on the fact that only a constitutional amendment defining marriage could stop this movement. It might have happened when he was president - it never will now.
     
  14. mont974x4

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    This would not be an issue if the government would get out of the marriage business. This is all about money.
     
  15. NaasPreacher (C4K)

    NaasPreacher (C4K)
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    I am a firm proponent of this concept.
     
  16. AresMan

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    :thumbsup:

    Why do we need to give a "marriage license" to pagans who don't respect God or His sacred institution?
     
  17. AresMan

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    Absolutely.

    Let marriage be a purely Christian practice.
    No one should be legally obligated to regard someone as "married" if it is against his or her convictions.

    Tax benefits for marriages can be a moral hazard to the sacred institution because they incentivize people to get some "license" just for materialistic purposes and then pay a lawyer a few years later to divide things back out.

    Why do we want to force pagans according to the law to mock Christianity? Let us practice marriage freely as a testimony.
     

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