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To: CA Conservative; ambrose
ambrose said: "The Defense of Marriage Act ensures that homo marriages in Vermont don't have to be recognized by Alabama.

CA Conservative replied: Until the 9th Circus oveturns DOMA on the Full Faith and Credit Clause...

The scotus, in Loughran v. Loughran, said that FCC didn't apply if the state explicitly prohibited the marriage through statute... so the FCC shouldn't be at issue for all these states who have done so.
What is likely is that the fed and each state's DOMAs will be overturned on the basis of equal protection or privacy (I agree that it's wrong, but that's the most likely scenario.)

CA Conservative also said: They are already planning this attack. DOMA has not been challenged because you first have to have gays with a marriage that is legally recognized in one state in order to sue for recognition in another state.

Exactly...

and... "Do you really trust the courts to uphold DOMA? The same courts that gave us Roe v. Wade, Lawrence v. Texas and upheld campaign finance reform? You have a lot more faith in them than I do."

Well said...
114 posted on 02/24/2004 3:22:17 PM PST by Trinity_Tx
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To: Trinity_Tx
I was unaware of Loughran v. Loughran. I'll have to read it and hope your characterization of it is right.
126 posted on 02/24/2004 3:29:48 PM PST by tomahawk
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To: Trinity_Tx
I looked at Loughran v. Loughran. It is a 1934 SCOTUS case.

SCOTUS can easily overrule it.

I still believe amending the U.S. Constitution is the only way to preserve marriage in this nation.
130 posted on 02/24/2004 3:35:42 PM PST by tomahawk
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To: Trinity_Tx
What is likely is that the fed and each state's DOMAs will be overturned on the basis of equal protection or privacy (I agree that it's wrong, but that's the most likely scenario.)

And equal protection will spread homosexual "marriage" like wildfire. SCOTUS will never give the okie dokie to treating Mass citizens one way and the rest of us another way as regards SS, Medicare, Medicaid, IRS et al.

Equal protection will make the Mass fait accompli the US fait accompli. Nothing to be done about it but an amendment and from reading this thread, I am doubtful an amendment will pass.

Welcome to the Brave New World.

132 posted on 02/24/2004 3:36:20 PM PST by jwalsh07
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