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DOMA and gun laws

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one of the things with the defense of marriage act is that homo-marriage supporters want homo-marriage recognized in every state. That's why they want DOMA overturned in the Supreme Court.

 

They state "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

 

So does that mean if I live in a state where you can walk around with a concealed weapon, I can go to a state that doesn't allow CCW and not get stopped by the cops for it?

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5 days ago Originally Posted by nipsip:

 

 

 

Prop 8 will be overturned for CA.

 

The Full Faith and Credit Clause? Article IV, Section 1, of the U.S. Constitution—provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States. It states that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."

 

So effectively when DOMA is struck down, states cannot refuse to recognize legal marriage contracts from other states.

 

 

5 days ago lichum:

 

Under federalism, family law, including its definition of marriage is the perogative of the several states.

 

If striking down DOMA resulted in the requirement that all states recognize homosexual marriage, federalism's latitude vis-à-vis marriage would be nullified.

 

Though comity is encouraged comity remains discretionary; borrowing a phrase from an unrelated SCotUS case, comity "is not an inexorable command."

 

Pacific Employers Ins. Co. v. Industrial Accident Comm'n (1939):

 

 

 

3. The nature of the federal union of States, to which are reserved some of the attributes of sovereignty, precludes resort to the full faith and credit clause as a means for compelling a State to substitute the statutes of other States for its own statutes dealing with a subject matter concerning which it is competent to legislate. P. 306 U. S. 501.

 

 

4. The full faith and credit clause does not require a State to substitute for its own statute, applicable to persons and events within it, the conflicting statute of another State, even though that statute is of controlling force in the courts of its enactment with respect to the same persons and events -- at least in the absence of action by Congress prescribing the extra-state effect to be given state statutes. P. 306 U. S. 502.

 

5. This Court must determine for itself how far the full faith and credit clause compels the qualification or denial of rights asserted under the laws of one State -- that of the forum -- by the statute of another State. P. 306 U. S. 502.

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