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frazzled

(18,402 posts)

9. Because we have a Constitution, and even state laws have to follow it

Reply to dixiegrrrrl (Original post)

Wed Nov 28, 2012, 06:06 PM

Nov 2012

California's law banning same-sex marriage can be challenged on the basis of equal protection guaranteed in the Constitution. Ditto for the federal DOMA law: for states that have passed laws permitting same-sex marriage, the federal government, because of this law, must discriminate against such married couples on a number of levels, including federal taxes.

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14 replies

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Why is Gay marriage an issue for the Supreme court????? [View all] dixiegrrrrl Nov 2012 OP

You need to look 9 Amendments higher. jeff47 Nov 2012 #1

"DOMA is Federal Law" dixiegrrrrl Nov 2012 #3

DOMA regulates federal programs that use terms like "spouse". It does not regulate marriage. jeff47 Nov 2012 #5

Because states are trying to ban it, and do they have the authority to ban any marriage still_one Nov 2012 #2

If Congress doesn't have a right to do it but did it anyway, what else but the court? Orangepeel Nov 2012 #4

Full faith and credit clause. RomneyLies Nov 2012 #6

10 appeals concerning DOMA, a Federal Act, elleng Nov 2012 #7

sorry, this is an exceedingly lame devil's advocate argument cali Nov 2012 #8

Because we have a Constitution, and even state laws have to follow it frazzled Nov 2012 #9

Florida has banned Gay Marriage HockeyMom Nov 2012 #10

There are a number of issues intertwined here... Swede Atlanta Nov 2012 #11

I would change your last sentance to read... Bohunk68 Nov 2012 #12

I was hoping for, and got, an well thought out, intelligent and articulate reply. dixiegrrrrl Nov 2012 #13

Article 4, Section 1 NutmegYankee Nov 2012 #14