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To: Guillermo
The Constitutions Full Faith and Credit clause trumps any Federal law.

No court has struck the Defense of Marriage Act, has it?

This amendment is akin to using a bazooka to kill a fly.

38 posted on 02/24/2004 2:38:38 PM PST by ambrose ("John Kerry has blood of American soldiers on his hands" - Lt. Col. Oliver North)
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To: ambrose
Courts do not hear hypothetical cases. They only hear cases in which someone can show they've been harmed.

Since homosexual "marriage" is not legal in any state (yet), there has been no case in which someone can show that the Defense of Marriage Act it has caused them harm (ie, one state not recognizing a legal, state sanctioned contract).

The legal challenge will come once a state officially recognizes homosexual "marriage" and a couple demands recognition in another, and is denied that recognition.
52 posted on 02/24/2004 2:42:54 PM PST by Guillermo (It's tough being a Miami Dolphins fan)
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To: ambrose
No court has struck the Defense of Marriage Act, has it?

As I stated before, no court has struck down DOMA because no challenge can be mounted yet. To make a claim, someone must have standing to challenge the law, someone who has suffered or will suffer harm if the law is upheld. Since no state yet allows legal marriage for gays, there is no injured party yet. Once Mass. has it's first legally married gay couple, the next stop will be the federal courthouse.

63 posted on 02/24/2004 2:48:11 PM PST by CA Conservative
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