If all 50 states came to allow same sex marriages,even if it was one by one,and 20 years down the line for all states to allow it, what would happen to the Defense of Marriage Act which states that marriage is between a man and a woman and that another state doesn't have to honor another states same sex marriage laws? Would it be invalid?
2006-11-09 16:25:10 · 5 answers · asked by indrep33 3 in Politics & Government ➔ Law & Ethics
DOMA is effectively useless and invalid now, because it is a direct constitutional violation of the Full Faith and Credit Clause.
The Constitution guarantees that a legal status recognized by the courts in one state must be recognized by any other state. The only reason DOMA hasn't been challenged yet is because no same-sex married couple has tried to move from a Massachussettes to another state and demand that state recognize the marriage.
That's only a matter of time, especially when other states begin to allow same-sex marriages.
2006-11-09 22:55:16 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
Not really. What if one of the states found there were real disadvantages to treating same-sex marriage the same as heterosexual marriage and then decided to backtrack? The big issue being ignored in this whole debate is that heterosexual marriage is largely concerned with the benefit it provides to offspring, while same-sex marriage is mainly concerned with benefits that individuals are trying to obtain for themselves. It isn't merely about moral beliefs, but about a cultural institution and how and why it's financially recognized by government, and recognized by society. So even if all 50 states would allow it, there's no reason to believe the issue will go away forever.
2006-11-09 16:50:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It would go to the supreme court to decided with something like that. I think that they would say (if the ratio of liberal to conservative stayed the same) that the Constitution was created to grant rights, not take them away from the individual, and the amendments and acts that go against that are then unconstitutional. If the states were to say it was okay, and the supreme court couldn't overturn it then the act would be gotten rid of. How ever it works the other way to, if the states said no we don't want this, and the supreme court said its unconstitutional there'd be a huge fight. That could be entertaining.
2006-11-09 16:37:29 · answer #3 · answered by jinxintheworld 3 · 0⤊ 0⤋
Tennessee just passed a law with this latest election that will not change in 100+ years, so go to sanfran not tn
2006-11-09 16:34:51 · answer #4 · answered by Anonymous · 1⤊ 1⤋
i think so . federal is over state
2006-11-09 16:32:39 · answer #5 · answered by lorenzo p 3 · 0⤊ 0⤋