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#71
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANT UPDATE)
Francis A. Miniter wrote:
Mike Schilling wrote: Francis A. Miniter wrote: P.S. Why would you think that the Full Faith and Credit Clause would not apply to marriage? The language of the section does not make any limitations on the breadth of the provision. I don't know why it doesn't, but it never has. E.g. if it did, DOMA would be clearly unconstitutional. No. DOMA, if it is not repealed, will fall to an equal protection argument and the reasoning will be parallel to the reasoning in Loving. You think Kennedy will vote that way? None of the four assholes will. |
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#72
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANT UPDATE)
David DeLaney wrote:
Mike Schilling wrote: Francis A. Miniter wrote: P.S. Why would you think that the Full Faith and Credit Clause would not apply to marriage? The language of the section does not make any limitations on the breadth of the provision. I don't know why it doesn't, but it never has. E.g. if it did, DOMA would be clearly unconstitutional. DOMA _is_ clearly unconstitutional. The problems are that a) nothing actually STOPS Congress, or state legislatures or city councils, etc., from passing laws that are unconstitutional, and b) nobody has actually taken the steps needed to get DOMA struck DOWN as unconstitutional ... which steps do NOT involve the legislative or executive branches, as everyone knows. DOMA has been around since 1996, and here's been same-sex marriage to test it with since 2004. What's holding things up? |
#73
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANTUPDATE)
On Oct 13, 9:00*pm, (David DeLaney) wrote:
DOMA _is_ clearly unconstitutional. The problems are that a) nothing actually STOPS Congress, or state legislatures or city councils, etc., from passing laws that are unconstitutional Nothing stops them? What about their oath to support and defend the constitution? |
#74
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANTUPDATE)
Mike Schilling wrote:
Francis A. Miniter wrote: P.S. Why would you think that the Full Faith and Credit Clause would not apply to marriage? The language of the section does not make any limitations on the breadth of the provision. I don't know why it doesn't, but it never has. E.g. if it did, DOMA would be clearly unconstitutional. Well, yes, I think we're in complete agreement here. -- Evelyn C. Leeper I don't need a friend who changes when I change and who nods when I nod; my shadow does that much better. -Plutarch |
#75
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANTUPDATE)
Evelyn Leeper wrote:
Mike Schilling wrote: Francis A. Miniter wrote: P.S. Why would you think that the Full Faith and Credit Clause would not apply to marriage? The language of the section does not make any limitations on the breadth of the provision. I don't know why it doesn't, but it never has. E.g. if it did, DOMA would be clearly unconstitutional. Well, yes, I think we're in complete agreement here. Hi Evelyn, He has no clue what he is talking about. See my two posts in response to this one. -- Francis A. Miniter Oscuramente libros, laminas, llaves siguen mi suerte. Jorge Luis Borges, La Cifra Haiku, 6 |
#76
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANTUPDATE)
Mike Schilling wrote:
Francis A. Miniter wrote: Mike Schilling wrote: Francis A. Miniter wrote: Mike Schilling wrote: Francis A. Miniter wrote: Mike Schilling wrote: Francis A. Miniter wrote: The force of the Full Faith and Credit Clause is just now beginning to be felt in the area of same sex marriage. FFaC has never applied to marriage. Wrong. See _Williams v. North Carolina_ , 317 U.S. 287, 63 S.Ct. 207, 87 L.Ed. 279, 143 A.L.R. 1273 (1942), revisited in 325 U.S. 226, 65 S.Ct. 1092 (1945) without modification of the basic principle that a state with power to grant a divorce is entitled to full faith and credit. _Sherrer v. Sherrer_ , 334 U.S. 343, 68 S.Ct. 1087, 92 L.Ed. 1429 (1948) put the quietus to that question. A further gloss on the subject - disallowing third party attacks on such divorces - was made in Johnson v. Muelberger, 340 U.S. 581, 71 S.Ct. 474 (1951). After that it was black letter law and not challenged again. Those are divorces, not marriages. And divorces do not come from marriages???? Divorces and marriages are different things. Related but different. Honestly. They all come under marital status. See my quotes from Williams which you conveniently deleted. Right. They don't aply because they're about divorce, not marriage. I never denied that FFaC has been used in divorces. So you see, VIRGINIA RECOGNIZED THE MARRIAGE TOOK PLACE. IT DID NOT MAKE A g-d DIFFERENCE!!! Of course it took place. There was a license and everything. Maybe even pictures. Did FFaC make it legal in Virginia? Nope. Again, you are failing to understand. They were prosecuted under a criminal law. If a marriage performed in state A is illegal in state B, A isn't exactly honoring that marriage, is it? You are hopeless. I have tried to be patient, but you won't even go to the sources. I don't know if you find them too difficult or what. But unless you read them and unless you can understand that marriage and divorce are two sides of the same coin - marital status - and unless you study page 311 of the Williams case, it is useless to discuss this further with you. -- Francis A. Miniter Oscuramente libros, laminas, llaves siguen mi suerte. Jorge Luis Borges, La Cifra Haiku, 6 |
#77
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANTUPDATE)
Mike Schilling wrote:
David DeLaney wrote: Mike Schilling wrote: Francis A. Miniter wrote: P.S. Why would you think that the Full Faith and Credit Clause would not apply to marriage? The language of the section does not make any limitations on the breadth of the provision. I don't know why it doesn't, but it never has. E.g. if it did, DOMA would be clearly unconstitutional. DOMA _is_ clearly unconstitutional. The problems are that a) nothing actually STOPS Congress, or state legislatures or city councils, etc., from passing laws that are unconstitutional, and b) nobody has actually taken the steps needed to get DOMA struck DOWN as unconstitutional ... which steps do NOT involve the legislative or executive branches, as everyone knows. DOMA has been around since 1996, and here's been same-sex marriage to test it with since 2004. What's holding things up? I guess you didn't bother to read my posts from two hours before you posted the above. -- Francis A. Miniter Oscuramente libros, laminas, llaves siguen mi suerte. Jorge Luis Borges, La Cifra Haiku, 6 |
#78
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANTUPDATE)
David DeLaney wrote:
Mike Schilling wrote: Francis A. Miniter wrote: P.S. Why would you think that the Full Faith and Credit Clause would not apply to marriage? The language of the section does not make any limitations on the breadth of the provision. I don't know why it doesn't, but it never has. E.g. if it did, DOMA would be clearly unconstitutional. DOMA _is_ clearly unconstitutional. The problems are that a) nothing actually STOPS Congress, or state legislatures or city councils, etc., from passing laws that are unconstitutional, Until tested in a case and controversy, it is not that easy to determine constitutionality of a law (or proposed law). That is why the Supreme Court exists and that is why the decision in Marbury v. Madison is what it is. and b) nobody has actually taken the steps needed to get DOMA struck DOWN as unconstitutional ... which steps do NOT involve the legislative or executive branches, as everyone knows. Wrong. There are plenty of cases that are on their way through the courts testing DOMA. See my post in response to Mike. -- Francis A. Miniter Oscuramente libros, laminas, llaves siguen mi suerte. Jorge Luis Borges, La Cifra Haiku, 6 |
#79
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANT UPDATE)
Francis A. Miniter wrote:
Mike Schilling wrote: Francis A. Miniter wrote: Mike Schilling wrote: Francis A. Miniter wrote: Mike Schilling wrote: Francis A. Miniter wrote: Mike Schilling wrote: Francis A. Miniter wrote: The force of the Full Faith and Credit Clause is just now beginning to be felt in the area of same sex marriage. FFaC has never applied to marriage. Wrong. See _Williams v. North Carolina_ , 317 U.S. 287, 63 S.Ct. 207, 87 L.Ed. 279, 143 A.L.R. 1273 (1942), revisited in 325 U.S. 226, 65 S.Ct. 1092 (1945) without modification of the basic principle that a state with power to grant a divorce is entitled to full faith and credit. _Sherrer v. Sherrer_ , 334 U.S. 343, 68 S.Ct. 1087, 92 L.Ed. 1429 (1948) put the quietus to that question. A further gloss on the subject - disallowing third party attacks on such divorces - was made in Johnson v. Muelberger, 340 U.S. 581, 71 S.Ct. 474 (1951). After that it was black letter law and not challenged again. Those are divorces, not marriages. And divorces do not come from marriages???? Divorces and marriages are different things. Related but different. Honestly. They all come under marital status. See my quotes from Williams which you conveniently deleted. Right. They don't aply because they're about divorce, not marriage. I never denied that FFaC has been used in divorces. So you see, VIRGINIA RECOGNIZED THE MARRIAGE TOOK PLACE. IT DID NOT MAKE A g-d DIFFERENCE!!! Of course it took place. There was a license and everything. Maybe even pictures. Did FFaC make it legal in Virginia? Nope. Again, you are failing to understand. They were prosecuted under a criminal law. If a marriage performed in state A is illegal in state B, A isn't exactly honoring that marriage, is it? You are hopeless. I have tried to be patient, but you won't even go to the sources. I don't know if you find them too difficult or what. But unless you read them and unless you can understand that marriage and divorce are two sides of the same coin - marital status - and unless you study page 311 of the Williams case, it is useless to discuss this further with you. Useless is right. |
#80
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Bookstores Around the World (rec.arts.books) (FAQ) (IMPORTANT UPDATE)
Francis A. Miniter wrote:
Mike Schilling wrote: David DeLaney wrote: Mike Schilling wrote: Francis A. Miniter wrote: P.S. Why would you think that the Full Faith and Credit Clause would not apply to marriage? The language of the section does not make any limitations on the breadth of the provision. I don't know why it doesn't, but it never has. E.g. if it did, DOMA would be clearly unconstitutional. DOMA _is_ clearly unconstitutional. The problems are that a) nothing actually STOPS Congress, or state legislatures or city councils, etc., from passing laws that are unconstitutional, and b) nobody has actually taken the steps needed to get DOMA struck DOWN as unconstitutional ... which steps do NOT involve the legislative or executive branches, as everyone knows. DOMA has been around since 1996, and here's been same-sex marriage to test it with since 2004. What's holding things up? I guess you didn't bother to read my posts from two hours before you posted the above. You explained in detail why no test cases have launched? |
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