US Constitution

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marriage game overDOMA was doomed from the start, as many (including the Red Hat) pointed out when it was passed back in the 1990s, and signed into law by President Clinton. He probably knew at the time that it was doomed as well, and cynically signed it anyway.

A federal judge in Ohio today ordered state officials to recognize the marriage of two men that was performed in Maryland. This, in spite of the fact that the constitution of the state of Ohio forbids the recognition of any marriage other than that between “one man and one woman.” Such a ruling was inevitable. And, though it may be appealed, it is inevitable that it will be upheld by the federal courts.

In these matters, it helps to have some acquaintance with the text of the Constitution. In this case, specifically, the “full faith and credit clause,” found in Article IV, Section 1. Recall that Articles 1, 2, &3 outline the functions and powers of the 3 branches (Legislative, Executive, Judicial). Article 4 defines relations between the states.

The “full faith and credit” clause is a fundamental principle of US law. It explains why, when certain states adopted no-fault, no-waiting, divorce statutes in the 1960s, it spelled the end of any legal discouragement of divorce. A divorce granted in Reno must be accepted as a binding official act by the state of California (or any other state), because of the “full faith and credit” clause.

In the same way, once any one of the 50 states began to recognize homosexual marriages, it became inevitable that they would have to be recognized in the other 49 states as well.

The state of Ohio adopted an amendment to the state constitution in 2004 defining marriage as “one man and one woman.” It was ratified by a vote of 61.7% to 38.3%. That will not matter.

Tennessee adopted a state constitutional amendment in 2006 defining marriage as “one man and one woman.” The amendment was approved by 81.25% of the voters. That will not matter.

Both states will be forced by the federal judiciary to recognize homosexual marriages.

It is becoming increasingly difficult to imagine how states with such diametrically opposed views on key matters of public policy will remain peacefully in union with each other.

God help us.

Hat Tip: Stand Firm | Gay Marriage Goes National, Act 1.

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