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That is the way this country was founded and we are the United STATES of America. We were created with states for a reason and there are many issues that should be left up to the states to decide, not the federal goverment, which doesn't have as much input from the actual citizens. Marriage is not an issue that should be determined by the federal government.
Do you think that all states should recognize marriages from other states under the FF&C clause?
(when DOMA is found to be unconstitutional)
The appeals Golinski v. OMB (Ninth Circuit) and Gill v. OMB (First Circuit) challenge the validity of sec. 3 of the Defense of Marriage Act, which as applied to determining eligibility for benefits raises a federal question; however the issue of a person's marital status under state law is not. In this regard, Gill is the stronger chase as same-sex marriage is now recognized in Massachusetts.
Do you think that all states should recognize marriages from other states under the FF&C clause?
(when DOMA is found to be unconstitutional)
I love when liberals point out the unconstitutionality of DOMA, yet forget (or neglect) to mention who signed this bill into law. That would be their savior, Bill Clinton.
I don't think that other states should be required to recognize marriages from other states. States aren't required to recognize common law marriages or civil unions, hell they aren't even requried to recognize marriages between a man and a woman from another state.
I think the issue should be brought to a vote in states and let their residents determine how they want the issue handled. If the majority accepts gay marriage, make it so in that state. If they don't, don't. Simple as tha.
As I see it, there are three options for marriage.
1. The government opens marriage to any 2 consenting adults.
2. The government has civil unions for any two consenting adults, and no marriage.
3. the government gets out of marriage all together. No recognition, benefits, or privileges.
I am limiting this to only two because the legal framework we currently have is made for two people.
The 14th amendment says that ALL persons are to be afforded the same rights, and privileges. There is no way around this.
Which do you think should happen, and why?
get goverment out of the marriage business completely. no permits needed for anyone to get married, and no recognition for anyone concerning marriage at all.
I love when liberals point out the unconstitutionality of DOMA, yet forget (or neglect) to mention who signed this bill into law. That would be their savior, Bill Clinton.
I don't think that other states should be required to recognize marriages from other states. States aren't required to recognize common law marriages or civil unions, hell they aren't even requried to recognize marriages between a man and a woman from another state.
I think the issue should be brought to a vote in states and let their residents determine how they want the issue handled. If the majority accepts gay marriage, make it so in that state. If they don't, don't. Simple as tha.
It doesn't matter who signed it. Unconstitutional is unconstitutional.
I didn't vote for Clinton, or Obama BTW.
The issue is if a state recognizes marriages (hetero, or homosexual) from a state, it should recognize both.
That is the way this country was founded and we are the United STATES of America. We were created with states for a reason and there are many issues that should be left up to the states to decide, not the federal goverment, which doesn't have as much input from the actual citizens. Marriage is not an issue that should be determined by the federal government.
If that were to be the case, actual idiot citizens will all tend to congregate in certain states - because those certain states will have Neanderthal laws that appeal to their reptilian brains. Conversely, actual citizens with more than two working neurons will go to other states, where the laws are based on logic and common sense. The two sets of states - stupid vs smart - will be in constant conflict and nothing will ever be accomplished at the federal level. Is that the kind of government you envision?? Oh...wait....
A person's marital status is determined by state (not federal) law. It is jurisdictional, based upon one's residence or domicile. See Williams v. North Carolina, 317 U.S. 287 (1942); Williams v. North Carolina, 325 U.S. 226 (1945).
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