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gridloreMassachusetts Supreme Court rules: Ban on gay Marriage unconstitutional!
The legislature has 180 days to implement a plan to extend full civil marriage benefits to gay couples in the state. There is hostility to the measure, but unless the GOP can shove a constitutional amendment through in 180 days or less, gay marriage will be the law.
And know what that means? Under Article. IV. Section. 1. of the US Constitution:
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
This has been held up in many court cases to apply explicitly to marriage. So, get married in Mass., and you are married in every state of the Union!
The legislature has 180 days to implement a plan to extend full civil marriage benefits to gay couples in the state. There is hostility to the measure, but unless the GOP can shove a constitutional amendment through in 180 days or less, gay marriage will be the law.
And know what that means? Under Article. IV. Section. 1. of the US Constitution:
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
This has been held up in many court cases to apply explicitly to marriage. So, get married in Mass., and you are married in every state of the Union!
no subject
Date: 18 Nov 2003 18:42 (UTC)A few years back Congress passed the Defense of Marriage Act. (DOMA). It *specificly* states that gay marriages need not be recognized by other states.
So the matter will go almost immediately to the Supreme Court. Who will either rule DOMA unconstitutional, or affirm it. If they affirm it, then we'll have to fight the battle state by state.
If they rule against DOMA, then the states will have to recognize the marriages. But expect it to take years.
no subject
Date: 18 Nov 2003 19:14 (UTC)It specifically stated that the full faith and credit clause requires that marriages in one state be recognized by other states. In addition, there are a raft of cases that say that any marriage legal in one state, are legal in them all. (Oddly, many of these marriages seem to have their root in Las Vegas..)
no subject
Date: 18 Nov 2003 21:33 (UTC)