tag:blogger.com,1999:blog-12703782.post3159228518897185791..comments2024-03-25T13:42:25.771-05:00Comments on Advance Indianaâ„¢: 7th Circuit Affirms Indiana And Wisconsin Trial Court Decisions Striking Down Same-Sex Marriage BansGary R. Welshhttp://www.blogger.com/profile/15185079937305083438noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-12703782.post-42670350752651204032014-09-05T09:51:11.529-05:002014-09-05T09:51:11.529-05:00"The Full Faith & Credit Clause has appli..."The Full Faith & Credit Clause has applied to marriages."<br /><br />Courts say a lot of things that are nowhere in the Constitution. Are you having a discussion about what the Constitution actually says or what someone get get away with arguing?<br /><br />In the case of the junior marriage, the courts will use one of those byzantine interest-balancing tests to determine that it's best for states not to upset validly created marital bonds that will become valid in State B with a few calendar flips. One cannot allow children to become bastards or orphans merely because of relocation.<br /><br />Junior marriage is of the same type and character recognized by State B; if a few years premature.<br /><br />Any Oklahoman will quickly affirm that junior marriage is much less disruptive to the Oklahoman lifestyle and in no way analogous to gay marriage.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-37088909586829322492014-09-05T09:28:04.023-05:002014-09-05T09:28:04.023-05:00The Full Faith & Credit Clause has applied to ...The Full Faith & Credit Clause has applied to marriages. For example, one state allows a 16-year old to consent to marriage, while another state requires a person to be at least 18 years of age to consent to marry. The latter state is required to recognize that marriage even though it would not have been legal if entered into in that state. Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-89494083565064950542014-09-05T09:07:12.179-05:002014-09-05T09:07:12.179-05:00"The full faith and credit clause, however, w..."The full faith and credit clause, however, would on its face require a state that does not recognize same-sex marriage to recognize a same-sex marriage lawfully entered into in another state."<br /><br />That's a big stretch. I see no facial requirement of gay marriage in the clause.<br /><br />"Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state."<br /><br />That you own the load of timber in your semi as you travel across state lines seems to be covered, as does your ownership of the semi. That the State of New Jersey has recognized you as the Great Wizard of the Ages, due all rights, privileges and honors may be safely ignored by Delaware.<br /><br />The Full Faith and Credit Clause really only prevents a state from frustrating commerce amongst all the states.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-77313681608374587212014-09-05T08:27:08.452-05:002014-09-05T08:27:08.452-05:00There is actually nothing in the U.S. Constitution...There is actually nothing in the U.S. Constitution about marriage period, probably because the founders believed the state's were best suited for writing laws respecting marriage. The full faith and credit clause, however, would on its face require a state that does not recognize same-sex marriage to recognize a same-sex marriage lawfully entered into in another state. Per U.S. v Windsor, the Supreme Court has effectively interpreted the due process clause of the Fifth Amendment to prohibit recognition of a couple's marriage based on their sexual orientation.Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-66209428162249732012014-09-05T08:23:51.778-05:002014-09-05T08:23:51.778-05:00The ruling in Louisiana sits more comfortably with...The ruling in Louisiana sits more comfortably with the idea that a constitution is a limited document and governmental charter than does the rulings which torture the Constitution to have it become, in absence of a relevant amendment, whatever anyone would like it to be.<br /><br />The favorable rulings have simply been urban liberals writing opinions pleasing to other urban liberals. Ultimately, constitutional government by preference will fail in this issue, and the people will be told that if they want the Constitution to recognize gay marriage, so amend it, or choose to reside in a state that more harmoniously aligns with their tastes.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-28836440258656843922014-09-05T08:01:25.511-05:002014-09-05T08:01:25.511-05:00They found gay marriage in the Constitution? Funny...They found gay marriage in the Constitution? Funny, I never saw it there. I might give the Constitution a shake and see what else falls out of it.<br /><br />These dim-witted legal "minds" would do well to remember that a constitution is not an open door to allow every novel social invention currently in vogue, but a strictly bounded permission from the citizens to govern. <br /><br />In creating and empowering a government via a constitution, we have only agreed to certain, well delineated, limits on how much we would be governed. <br /><br />When the government finds a constitution to be amorphous, it breaches the contract each citizen made with the government, and to government becomes a rule of force, rather than consent.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-69853117537015344302014-09-04T19:17:28.234-05:002014-09-04T19:17:28.234-05:00Marriage & civil unions are unique & diffe...Marriage & civil unions are unique & different ideas. No common language- no law! Pete Boggshttps://www.blogger.com/profile/12948800585492289789noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-30773716363681783602014-09-04T16:50:35.975-05:002014-09-04T16:50:35.975-05:00Scalia read the tea leaves correctly in his dissen...Scalia read the tea leaves correctly in his dissenting opinion in U.S. v. Windsor when he said it was only a matter of time before the other shoe dropped. Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-61830903072453432912014-09-04T16:48:39.080-05:002014-09-04T16:48:39.080-05:00But some Dist Court Judge/Magistrate in Louisiana ...But some Dist Court Judge/Magistrate in Louisiana ruled in favor of Louisiana's ban yesterday.Anonymousnoreply@blogger.com