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Thu Jun 27, 2013, 12:11 AM

A cautionary note regarding the DOMA ruling . . .

Just a cautionary note about today's DOMA ruling. The Court did not strike down DOMA in its entirety. It struck down ONLY Section 3 of the law, which concerns recognition of same-sex marriages by agencies of the federal government. It remains perfectly legal, under Section 2 of the Act (which was not challenged in this case) for one state to refuse to recognize a same-sex marriage that is legally performed in another state (which is illegal as regards heterosexual marriages). One certainly hopes that, if challenged, Section 2 would be struck down as well (as a violation of the full faith and credit clause and of the 14th Amendment's guaranty of equal protection under the laws), but we cannot know that with any certainty. So while today's rulings were a great step forward, and move us closer to marriage equality, we ain't there yet! The work goes on!

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Reply A cautionary note regarding the DOMA ruling . . . (Original post)
markpkessinger Jun 2013 OP
uppityperson Jun 2013 #1

Response to markpkessinger (Original post)

Thu Jun 27, 2013, 12:30 AM

1. We are not done yet. Forward.

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