Gay Marriage debate.

[David88vert]

This has to be a federal issue because of mobility. If a gay couple gets married in Massachusetts and they decide to move to GA, are they no longer married? When the Constitution was written, mobility wasnt much of an issue as most people lived their entire lives in a pretty small area. That isnt the case today so the US needs 1 set of laws to cover this.

Not at all.
Marriage licenses in the United States fall under the jurisdiction of the state in which the ceremony is performed; however, the marriage is generally recognized across the country through the Full Faith and Credit Clause of the US Constitution. The Full Faith and Credit Clause is the familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." In some instances, as is the case with same-sex marriages, other states may not recognize a marriage license from another state. The state in which they are married holds the record of that marriage. This has been going on a long time and you are suggesting that the federal government remove the rights of the states and place them in the hands of the federal government. That's typically a bad idea for most issues, and directly tells the majority of the people in this state that their beliefs are worthless.

You are correct and I agree. How binding is that though? I understand that the way the ruling is written has a lot to do with this, but if the SCOTUS rules that DOMA and Prop 8 are unconstitutional do all of the other states' anti gay marriage laws fall also or do they need to be challenged independently? Could GA be forced to recognize gay marriages even though they do not issue marriage licenses?

Do you think that the Federal Government should have the power to nullify a state constitution? If so, why even have a state government. Just place every aspect of government under the federal government.

[BanginJimmy]

Not at all.
Marriage licenses in the United States fall under the jurisdiction of the state in which the ceremony is performed; however, the marriage is generally recognized across the country through the Full Faith and Credit Clause of the US Constitution. The Full Faith and Credit Clause is the familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." In some instances, as is the case with same-sex marriages, other states may not recognize a marriage license from another state. The state in which they are married holds the record of that marriage. This has been going on a long time and you are suggesting that the federal government remove the rights of the states and place them in the hands of the federal government. That's typically a bad idea for most issues, and directly tells the majority of the people in this state that their beliefs are worthless.

I was referring to the Full Faith and Credit Clause. IF GA isnt going to honor a marriage contract from Ma, what is stopping Ma from not honoring a child support ruling from GA? Full Faith and Credit needs to be honored universally or it needs to be amended out of the Constitution. The states cannot decide on their own which clauses of the Constitution they want to follow. It is an all or nothing proposition.

Do you think that the Federal Government should have the power to nullify a state constitution? If so, why even have a state government. Just place every aspect of government under the federal government.

The federal govt would not be nullifying a state constitution or even a part of it. The SCOTUS would be nullifying the amendment outlawing gay marriage as unconstitutional, which is what they are supposed to be doing. This is why I asked if it was possible that GA is forced recognize same sex marriages performed in other states, even if they cannot be forced to issue marriage licenses or have them performed here.

[David88vert]

I was referring to the Full Faith and Credit Clause. IF GA isnt going to honor a marriage contract from Ma, what is stopping Ma from not honoring a child support ruling from GA? Full Faith and Credit needs to be honored universally or it needs to be amended out of the Constitution. The states cannot decide on their own which clauses of the Constitution they want to follow. It is an all or nothing proposition.

FF&C is utilized mainly in law enforcement and judgments, not civil unions.
As for its application in records of marriage, it has precedent. Until the Supreme Court struck down all laws banning interracial marriage in 1967, a number of states banned interracial marriage and did not accept interracial marriage certificates issued in other states. The full faith and credit clause was never used to force a state to recognize a marriage it did not wish to recognize.

The federal govt would not be nullifying a state constitution or even a part of it. The SCOTUS would be nullifying the amendment outlawing gay marriage as unconstitutional, which is what they are supposed to be doing. This is why I asked if it was possible that GA is forced recognize same sex marriages performed in other states, even if they cannot be forced to issue marriage licenses or have them performed here.

Between 1996 and 2004, 39 states passed laws (9 states) and constitutional amendments (30 states) that define marriage as consisting solely of different-sex couples. Most explicitly prohibit the state from honoring same-sex marriages performed in other states and countries. That's a LOT more than half of the states expressly addressing gay marriage.

Nine states have allowed gay marriage - Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, and Washington. Do you think that Washington, DC, and these 9 states should overrule the state amendments of over 30 states? What kind of "United STATES" is that?