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US Senate Votes to Protect Same Sex Marriage
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<blockquote data-quote="SimplyMe" data-source="post: 77071335" data-attributes="member: 9588"><p>You seem to misunderstand what this law does. First, it repeals DOMA -- the law that stated that the federal government recognizes only marriages between one man and one woman. It changes it so that the federal government now recognizes any two people legally married, regardless of the gender or race of the couple. The Supreme Court overturning the same sex marriage rulings would have no effect on this part of the law, since it doesn't set requirements for a legal marriage, merely the standards for the US government to recognize a marriage.</p><p></p><p>Second, it makes clear that marriages are protected by the "Full Faith and Credit" clause of the Constitution -- that if a couple is legally married in one state that other states, under this clause of the US Constitution, are required to recognize this marriage. The law does not decide who "is allowed to receive government approval," it leaves that decisions to the states. Again, the Supreme Court is unlikely to rule on this clause of the Constitution and, since the Federal government isn't telling states what they must define as marriage, it shouldn't have any issue with the Supreme Court.</p><p></p><p>I haven't reread the Senate version of the bill that was passed but they didn't change those two parts above. Instead, most of what the Senate added was protection for religions.</p></blockquote><p></p>
[QUOTE="SimplyMe, post: 77071335, member: 9588"] You seem to misunderstand what this law does. First, it repeals DOMA -- the law that stated that the federal government recognizes only marriages between one man and one woman. It changes it so that the federal government now recognizes any two people legally married, regardless of the gender or race of the couple. The Supreme Court overturning the same sex marriage rulings would have no effect on this part of the law, since it doesn't set requirements for a legal marriage, merely the standards for the US government to recognize a marriage. Second, it makes clear that marriages are protected by the "Full Faith and Credit" clause of the Constitution -- that if a couple is legally married in one state that other states, under this clause of the US Constitution, are required to recognize this marriage. The law does not decide who "is allowed to receive government approval," it leaves that decisions to the states. Again, the Supreme Court is unlikely to rule on this clause of the Constitution and, since the Federal government isn't telling states what they must define as marriage, it shouldn't have any issue with the Supreme Court. I haven't reread the Senate version of the bill that was passed but they didn't change those two parts above. Instead, most of what the Senate added was protection for religions. [/QUOTE]
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US Senate Votes to Protect Same Sex Marriage
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