Quote:
Originally posted by taxwonk
You can oppose gay marriage and at the same time understand that the Full Faith and Credit clause renders DOMA unconstitutional. As a lawyer, you shouldn't really have any trouble grasping this concept.
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As a lawyer, you should understand what it is that the Full Faith and Credit clause applies to. First and foremost, it doesn't apply to the Federal Government, just the states. A big part of DOMA is that the Feds don't have to recognize gay marriage sanctioned by any states. That part is undeniably constitutional.
Second, historically, courts have not found that the FFCC extends to marriages in other states that offend the public policy of a state. Perhaps that seems like the wrong interpretation to you, but this is how the case law interpreting that clause stands today. I don't believe that the USSC has ever ruled on it, but lower courts have. I wouldn't be so sure that the USSC will take your point of view regarding the FFCC should the issue ever come before the court. There are more than a few legal scholars who disagree with your position.
http://www.law.yale.edu/outside/html...etestimony.pdf
The attorney general of MI disagrees with you, too:
http://www.ag.state.mi.us/opinion/da...0s/op10236.htm
And MI is a blue state as I recall.
