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Defense of Marriage Act

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Asme251 On December 21, 2017
Area Man





Boston, Massachusetts
#1New Post! Oct 14, 2009 @ 03:24:10
Sorry if this topic has been covered before. However, I've looked through the pas three pages and didn't find anything about this.

Anyway, I recently read about the Defense of Marriage Act and I'm wondering this; how the hell did congress manage to pass this law? I mean, it is the most unconstitutional act I have ever seen. This isn't even my opinion. Look at the wording of one of its main provisions:

"No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."

https://en.wikipedia.org/wiki/Defense_of_Marriage_Act

Now let us look at Article 4 section 1 of the constitution:

"Article IV

Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. "

https://www.law.cornell.edu/constitution/constitution.articleiv.html

How did this happen? Just look at the wording itself! Some people may say that there are laws that are unconstitutional but is there anything out there that is so incongruous with the spirit and intention behind the constitution?

Discuss.

Note: This is not a discussion on gay rights. This is a discussion on the constitutionality of the Defense of Marriage Act.
Darroll On April 26, 2012




salem, Oregon
#2New Post! Oct 14, 2009 @ 03:34:23
Congress is just letting their power go to their heads.
fatman On May 30, 2010




asheville, North Carolina
#3New Post! Oct 14, 2009 @ 03:37:46
They are passing the buck to the supreme court. It won't last five minutes on appeal, but the act makes big points with the conservatives.
crazylikeafox On June 02, 2017




McKinney, Texas
#4New Post! Oct 14, 2009 @ 05:42:57
You're right, that clearly goes against Article IV, Section 1 of the Constitution. Maybe it's obscure enough Congress didn't notice it? After all, it isn't in the Bill of Rights. Regardless, like Fatman said, the Supreme Court will likely declare it unconstitutional. If not, then the legitimacy of the Supreme Court will be highly suspect.
El_Tino On October 12, 2023
booyaka!





Albuquerque, New Mexico
#5New Post! Oct 14, 2009 @ 05:44:02
Considering it was passed under Clinton, they were probably counting on it being found unconstitutional.
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