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News and commentary about the anti-gay lobby“Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife…”
News and commentary about the anti-gay lobbyAugust 23rd, 2012
According to huffpo
Mexico’s Supreme Court ruled Tuesday that all 31 states must recognize same-sex marriages performed in the capital, though its decision does not force those states to begin marrying gay couples in their territory.
In a 9-2 decision, the tribunal cited an article of the constitution requiring states to recognize legal contracts drawn up elsewhere.
I thought they already we required.
Because they are. duh
Sorry, folks.
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DenguyFL
August 23rd, 2012
Check the date on the linked article – 8/10/2010. For some reason this went viral this week but is, as you pointed out, old news.
Steve
August 23rd, 2012
Mexico has it right. In the US the Supremes invented a public policy exemption that allows states to circumvent the Full Faith and Credit clause.
Patrick
August 24th, 2012
I don’t know why reporting on banal legal matters in Mexico is so bad, but it is. These marriages have been valid since the beginning because the Mexican Constitution requires that a marriage legally performed in Mexico they be recognized in all states and the Federal District. This case simply questioned that principle and was resoundingly dismissed.
Is it the language barrier, or is there some other reason reporting from South of the border is so bad?
esperando
August 24th, 2012
@Steve, actually, the Supreme Court has yet to rule on DOMA section 2. Congress just nakedly asserted that it had the authority to instruct the states where same-sex marriage is illegal to view legal same-sex marriages from other states with open hostility in their courts. Since they regularly abdicate their responsibility to protect the basic human rights of minorities (but rush to invent constitutional equality protections for outlandishly rich and powerful multinational corporations)I doubt they will have the integrity to strike it down.
Steve
August 24th, 2012
@esperando
It’s been law for many decades that states don’t have to follow the FFaCC when another state’s law conflicts with their clearly states public policy. That has been tested countless times with other marriage related issues. It won’t be any different for same-sex marriage.
So even with Section 2 of DOMA gone, nothing will change. The clause is redundant, which is one reason it hasn’t been challenged yet.
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