Quote:
Originally Posted by KSig RC
I short-handed a LOT to make the larger point - I'm not entirely sure that there is really any way to guarantee gay marriage at a national level (other than striking down anti-gay-marriage bans from states in the courts), but I'm not a Constitutional scholar of any sort.
The larger point is still just that other nations allow gay marriage, not that Argentina's model is or should be identical to ours (because that would be, well, impossible).
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Well, if it violates the 14th amendment to ban same sex marriage (assuming the Supreme Court upholds that decision, or at least doesn't strike it down) wouldn't that provide precedent that extends outside the ninth district?
IMO if the feds revoke DOMA and permit same sex marriage as a status, then I think the Full Faith and Credit clause would force states to recognize same sex marriages performed out of state. Not sure then how it could unfold at the state level, besides "lots of different ways."