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DOMA overturned: Doesn't the "full faith and credit" clause render state gay marriage bans moot?
Since they have to respect the validity of gay marriages performed in states where such unions are legal?
Thanks.
"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."
4 Answers
- /\Lv 78 years agoFavorite Answer
It should.
But it doesn't.
Individual states are not required
to recognize same-sex marriages.
That part still remains in effect.
What was ruled unconstitutional
was the definition of marriage;
one man and one woman.
It was a good ruling,
but it's not as good
as it could have been..
- Anonymous8 years ago
Not yet. The Supreme Court decision struck down section 3 of DOMA which had said that marriage is only between a man and a woman. This then requires the federal government to recognize marriages in the states where same sex marriages are legal with no differentiation between opposite sex and same sex couples. Unfortunately, at this time section 2 of DOMA is still in effect. Section 2 says that the states are not required to recognized legal same sex marriages performed in other states. This section must be struck down before states will be required to recognized legal same sex marriages performed in other states.
- Anonymous8 years ago
Not really. Gays still can't make a marriage in those states. Gay couples living in the 30 states that do not recognize some form of gay marriage will likely continue to be denied inclusion in these state health care programs.
“Legally gay married couples who move to states without gay marriage are not eligible for the state’s health benefits,” Shapiro said. “They can file a joint federal tax return, but not a joint state tax return.”
Also, some federal health programs, such as Medicaid, are managed jointly by the federal government and the state government, so it is still unclear just how these programs will operate moving forward. A federal review is currently taking place to determine exactly how the Supreme Court’s decisions will affect all of the health programs currently in place.
- DogmaadLv 58 years ago
Remember this, this filth will become legal in all states,it is heading that way due to such filth must be allowed. People that have morals about themselves will never no matter if the government allows it accept it as marriage. It has been and always will continue to be considered to be marriage between one man and one woman in the eyes of the almighty GOD. The government will do what the government allows to take place, but the morality of decent people will never be ruined by this act of pure evil.