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To: Mogollon

The Massachusetts court ruled on a state institution based on an interpretation of the state constitution. The Massachusetts marriages don't have any federal rights or recognitions and don't break any federal laws. Traditionally the Supreme Court stays far away from state-based issues like this.

Some DOMA test-case will come up in the future. That's what you need to look out for.


7 posted on 11/29/2004 8:00:13 AM PST by HostileTerritory
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To: HostileTerritory

Hello? The federal constitution guarantees to each state a republican form of government. Article IV section 4.


13 posted on 11/29/2004 8:20:23 AM PST by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: HostileTerritory
Some DOMA test-case will come up in the future. That's what you need to look out for.

I think you're right. Can the federal government choose to recognize some marriages which are legal in the state in which it was performed, but not others? Do gay people who are lawfully married in Massachusetts have an Equal Protection argument if the feds do not treat their lawful marriage like any other lawful marriage?

It should be interesting.
17 posted on 11/29/2004 8:25:16 AM PST by BikerNYC
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