RetiredGySgt
Diamond Member
This ruling is really the right one to make. Prior to Massachussetts making same sex marraige legal though it could be argued differently depending on our treaties with Canada.
As to the State barring same sex through legislation, they can not do so in the case of other States anymore. The Constitution is clear, if a State has a law allowing said marriage the other States must recognize it, as to foreign marriages, that could depend on reaties.
http://news.yahoo.com/s/nm/20080202/us_nm/marriage_gays_newyork_dc
There was a movement in Congress to declare that marriage was not part of the requirement of the Constitutional requirement of States to honor other States in that manner. It died, and I would suggest it would take an Amendment to make such a law anyway.
Bad idea all around. My personal Opinion is mass should bar same sex marriages, but unless they do Constitutionally all the States have to honor them. Though I suspect that may go to court.
As to the State barring same sex through legislation, they can not do so in the case of other States anymore. The Constitution is clear, if a State has a law allowing said marriage the other States must recognize it, as to foreign marriages, that could depend on reaties.
http://news.yahoo.com/s/nm/20080202/us_nm/marriage_gays_newyork_dc
There was a movement in Congress to declare that marriage was not part of the requirement of the Constitutional requirement of States to honor other States in that manner. It died, and I would suggest it would take an Amendment to make such a law anyway.
Bad idea all around. My personal Opinion is mass should bar same sex marriages, but unless they do Constitutionally all the States have to honor them. Though I suspect that may go to court.