Strengthening Constitutional Self-Government

No Left Turns

Gay and Married in Massachusetts

The 4-3 decision was handed down this morning declaring that Massachusetts may not "deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry."

Here’s Fox’s story.

Discussions - 3 Comments

The article states, "Because of Article 4 in the U.S. Constitution, known as the Full Faith and Credit clause (search), other states would have to honor marriages performed in Massachusetts under a reciprocity agreement.

In other words, if a gay couple got married while on vacation in Massachusetts, their home state would also have to consider them married - unless those states had a so-called defense of marriage act, which explicitly defines marriage as only being between a man and a woman. Thirty-seven states have such laws.P

I’m not an expert on Con Law, but I don’t think this is what the Full Faith and Credit Clause means, does it? If the couple was a resident of say, New York, they couldn’t go to Mass., get married, and then settle back in New York and expect to have their marriage recognized. Anyone know for sure?

There is already a case filed in Nebraska by a gay couple who were married in Vermont. They are suing for recognition of their civil union. Forgive me, but when did the courts begin to make legislation for the majority? And why aren’t conservatives fighting, using the same tactics? And I would call for a referendum and let THE PEOPLE decide, not four judges. They do not represent the people because they are not elected. When the people speak, whether we like the outcome or not, the minority needs to abide by the wishes and voice of the majority.

The holding states that by not letting same-sex civil unions, this action creates a group of second-class citizens. "Human dignity should be protected by the Fourteenth Amendment...that exclusion (from a legally recognized civil union) is incompatible with the constitutional principles of respect for individual autonomy and equality under the law". HUH? Apparently, the courts may just interpret this particular amendment in any way that suits them in order to socially engineering a society that will not apparently accept all forms of cohabitation. If those who passed the 14th Amendment could see what we’re doing to it now...the privacy clause was also invoked, I see - "private consenting adults".

Ah, yes...well, if you’re a consenting adult, then by all means, do whatever you want. If someone won’t let you do it, file a lawsuit! Can’t get married because you’re gay? Believe you didn’t get a job because you’re gay? Or those nice people didn’t want to sell you their house? Or turned down for a loan to buy a car? Just take `em to court! They’ll make it all better! Never mind the majority nor the literally thousands of years of recorded history across hundreds of civlizations that resoundingly affirm marital unions between one man and one woman - we’ll force them to accept it! If they don’t, you can sue them, too!

This exerpt from an article Douglas Kmiec in the Chicago Tribune partially answers my question:

"As a legal matter, Congress has anticipated the Massachusetts aberration. In 1996, President Clinton signed the Defense of Marriage Act, or DOMA. It defines marriage, for purposes of federal law, as the union of a man and a woman and affirms that no state is required to recognize a same-sex marriage contracted in another state."

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