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Reply #13: The biggest difference [View All]

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TechBear_Seattle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-30-05 04:04 PM
Response to Reply #4
13. The biggest difference
The United States system of law is based on a concept called "common law." This means that past court rulings influence future court rulings, and that, eventually, past court rulings can have the effect of law.

Many of the presumed rights, privileges and protections of marriage are conveyed through common law and not statute. Depending on the state, things like inheritance, powers of attorney, authority over a spouse's minor children, hospital visitation, "conjugal visits," and a great many other things exist because of court rulings related to marriage, not civil unions.

Then there is the way the US Constitution is worded. "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. (Article IV, sec 1)" California is required to recognized Vermont marriages because California has marriage, too. California is NOT forced to recognize Vermont civil unions because California has no laws granting rights to civil unions.
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