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HockeyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 03:02 PM
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Equal Protection Clause and Gay Marriage
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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.
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