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To: Ben Mugged

Yes, but it will be ahrd to argue against them that the 14th Ammendment does not mean that states must honor what other states do (ie forcing California to recognize a homosexual marriage in Mass). Not saying I don’t like it, but that is the way it appears to me. Does anyone have any good, constitutional (not emotional) way to counter that argument?


8 posted on 12/31/2009 4:01:49 PM PST by chargers fan
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To: chargers fan

It doesn’t appear that they are making a 14th amendment challenge. I think you are right that the 14th requires one state to honor the marriages performed in another state, though. This suit appears to be claiming simply that the DOMA is not a delegated power. Of course it isn’t. How to counter it? How about the commerce clause (half-joking)? All you need to do is prove that marriage has a substantial effect on interstate commerce, and shazam, it’s Constitutional!


18 posted on 12/31/2009 4:55:17 PM PST by Huck (The Constitution is an outrageous insult to the men who fought the Revolution." -Patrick Henry)
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