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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLindsey says gay marriage should be up to each state. But what about Artice IV of the Constitution?
Sen. Lindsey Graham said he wants states to decide the issue of whether two consenting adults can get married. When Dana Bash asked him if he would support legislation codifying same sex marriage, Graham claimed its a state issue during an appearance on CNNs State of the Union Sunday.
Article IV, section 1, states: "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 Acts, Records, and Proceedings shall be proved and the Effect thereof." Section 2 adds, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."
This article makes it possible for citizens to avoid having to go through legal proceedings that were decided/completed in another state (marriage, divorce, adoption, name change etc.). Citizens are given time before they must get a new driver license in a state. So why wouldn't this Article be applicable to gay marriage? Why does it require codifying?
https://www.rollingstone.com/politics/politics-news/lindsey-graham-gay-marriage-1393891/
(edited to add link)
getagrip_already
(14,980 posts)The constitution can be interpreted. If scotus says gay marriage doesn't fall under the protections of article iv, then there you go.
Don't put it past them.
gratuitous
(82,849 posts)Because Article IV Section 1 doesn't specifically name marriage as an Act, Record or Proceeding, it must not apply to marriage.
ProudMNDemocrat
(16,899 posts)Apparently the Loving v. Virginia case does not resonate with him if states should be able to decide who gets married and who should not. This is using Religious views to dictate Civil law.
Walleye
(31,156 posts)Not just because of the sex of your partner, but because the sex you are.Discrimination on account of sex
BigDemVoter
(4,159 posts)As a gay man, I can say with some conviction that Lindsey is gay as well. . . I cannot understand his own internalized homophobia, but given that he grew up in South Carolina when he did, he must think he deserves it. It is pretty pathetic to see someone just self-flagellating the way he does.
And given Lindsey's background, maybe the only relationships he was ever able to have involved furtive sexual partners he was unable to honestly recognize in public? Many gay men of his ilk behaved in a similar manner. The names that really come to mind are: Roy Cohen, and J. Edgar Hoover.
Quite honestly, I loathe Lindsey, but I pity him at the same time.
Xipe Totec
(43,892 posts)Baked Potato
(7,733 posts)onenote
(42,854 posts)Here is a helpful discussion.
https://constitutioncenter.org/interactive-constitution/interpretation/article-iv/clauses/44