Tuesday, September 15th, 2009...3:41 pm
How Does The Defense Of Marriage Act Of 1996 Not Violate The Constitution?
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In the defense of marriage act, it says: No state (or other political subdivision within the United States) needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state.
But the constitution says that legal agreements or arrangements made in other states must be recognized in other states. So how is this legal?
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4 Comments
September 15th, 2009 at 4:13 pm
Because the federal government also controls commerce between the states (which is in the Constitution or implied at least) through an early Supreme Court case called Gibbons V. Ogden and can make laws that regulate said commerce between the states.
Notice you said it yourself the law says nothing about marriage within a state by residents of that state so the commerce clause does not apply
September 15th, 2009 at 8:14 pm
Perhaps we should start with your burden of proof. If you are the proponent of the argument that it is illegal, you have to explain how and why it is illegal. Same way in criminal law. One is presumed innocent until proven guilty.
September 16th, 2009 at 1:51 am
I doubt that it’s worded quite that way but even if it is, we’re talking apples and oranges here. People just aren’t ready for same sex marriage so just get over it. It’s not going to happen no matter how loud you scream.
September 16th, 2009 at 6:57 am
Because the government says so and it can do what ever it wants.
Until we the people teach them other wise.
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