Quote:
Originally Posted by lookout123
honest question - i thought marriage in one state had to be recognized in the other 49? i forget the name of the law, but i know it deals with reciprocity in most areas.
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Article IV
Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
Section 3. New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.
The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
Section 4. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Quote:
Originally Posted by lookout123
thanks hm, that is the one i was thinking of. then, hypothetically, if minnesota legalized gay marriage, wouldn't new mexico be required to honor them as a married couple? or am i misunderstanding the law?
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Actually the states
WOULD be required to legally recognize the marriages of the other states. The fact that they violated this part of the Constitution does not make it any less valid. Nor does the "protection of marriage act" voted on in 1996 because that is an illegal congressional act. No laws that contradict the U.S. Constitution are legal including acts of Congress. This has not been challenged yet, and if it were, it would fail for sure.
So if one state makes it legal, all states in the union must recognize it.
There's one issue I've never seen anyone bring up with gay marriages. I mean we all know marrying anyone you choose (regardless of gender) is a right for all Americans including gay ones. I've never seen anyone mention the fact that a straight man can marry a woman in another country and sponsor her as his spouse to enter the U.S. but gay people can't do that. There are a host of other ways homosexuals have their rights violated including social security, etc.