Why doesn't the Full Faith and Credit Clause apply to gay marriage?

LanternWaste

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Tue Apr-20-10 07:18 PM
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Why doesn't the Full Faith and Credit Clause apply to gay marriage?

Why doesn't the Full Faith and Credit Clause apply to gay marriage?

(I honestly do not know and it came up just now in conversation...)

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Ian David

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Tue Apr-20-10 07:20 PM
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1. Because when gay people get married, homophobes lose their erection. n/t

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BethCA66

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Tue Apr-20-10 07:21 PM
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2. DOMA is part of it.

The Tony West brief made me sick.

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Hoopla Phil

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Tue Apr-20-10 07:21 PM
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3. because it doesn't apply to anyone anymore.

Edited on Tue Apr-20-10 07:22 PM by Hoopla Phil

SCOTUS has a chance to reinstate it with the Chicago gun case pending but it is very doubtful.

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yodoobo

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Tue Apr-20-10 07:22 PM
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4. probably under the same precedent as drivers license

In a handful of states, you can get a drivers license at 15 (maybe 14..its been awhile since I've read up on it)

However those drivers while under 16 cannot drive in states that have a minimum age of 16.

(not to condone the gay marriage ban mind you, just proposing what the legal theory probably is)

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Manifestor_of_Light

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Tue Apr-20-10 09:39 PM
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5. I wondered that too. They never mention it.

A Texas judge granted a divorce to a gay couple that was validly married in Mass.

The judge said she could grant a divorce, and it's final after 30 days. The marriage was valid in one state and must be recognized in another. Exactly analagous to interracial marriage, as settled in Loving v. Virginia.

Greg Abbott is wrong on this one.

Yes I am a lawyer and I don't play one on TV. :D

South Texas College of Law, '85.

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dsc

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Tue Apr-20-10 09:54 PM
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6. a couple of things

First, full faith and credit has always had some exemptions. You can't get in state rates for college in Ohio if you grew up in New Jersey for example. Marriage has, for the most part, been accepted nation wide though (the exeption being interracial marriage which SCOTUS later spoke on). Second DOMA specificly states that gay marriages don't get full faith and credit. It will be interesting to see what ends up happening in SCOTUS when Olsen and Boies get there.

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