You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Equal Protection Clause and Gay Marriage [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » General Discussion Donate to DU
HockeyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 03:02 PM
Original message
Equal Protection Clause and Gay Marriage
Advertisements [?]
Edited on Sat Jun-25-11 03:11 PM by HockeyMom
I've been thinking about this. New York is a very populous state and people freely travel around the country. As we are seeing on this forum, many former New Yorkers will now be going back to get married. What happens when they go back to the state where they are living and their marriages are not recognized? The state of Florida, as example, has written into their state constitution that it will only recognize the marriages of man to woman. No civil unions, domestic partnerships, will be recognized. In effect it has banned same sex unions and will not recognize those performed in other states.

My NYS straight marriage is recognized, but when my daughter marries in NYS, her gay marriage will not be. How can State A say to State B we will recognize your straight marriages, but not your gay marriages? In effect, then are then they singling out a specific group of people for discrimination. With nothing better to do on a blistering, hot day, I sat and read the both the judgments from Loving v Virginia and also Lawrence v. Texas.

I found Sandra Day O'Connor's decision very interesting on Lawrence. Basically, she said that Texas Sodomy Laws were discriminatory because they singled out just gay couples. Sodomy among straight couples was perfectly legal. I believe this is where the Equal Protection clause "fit".

Couldn't this be a similar argument be made for Straight and Gay Marriages? If a state is going recognize and honor the straight marriages from other states, then they have to recognize and honor the gay marriages from those states also, or NONE, or it is singling out a special group of people for discrimination.

Thoughts? Anyway, I still think, apart from repealing DOMA, this is going to the SC. I really hope we can do this with Obama still in office, and not a very conservative Republican President who will be appointing right wing judges.
Printer Friendly | Permalink |  | Top
 

Home » Discuss » General Discussion Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC