Quote:
Originally posted by Gattigap
No Con Law scholar am I, but how is this possibly true? Wouldn't one arguing for gay marriage be asking the court to strike down the Defense of Marriage Act?
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Last I checked, the federal government doesn't issue marriage licenses. States issue marriage licenses.
Nothing in the DOMA bars a state from recognizing gay marriage within its borders.
The DOMA provides that no State shall be required to give effect to a law of any other State with respect to a same-sex "marriage." Second, it defines the words "marriage" and "spouse" for purposes of Federal law.
What is the issue we are talking about here? I thought we were talking about two people of the same sex being allowed to enter into a legally recognized marriage. The DOMA doesn't prevent that. A state can have gay marriage under DOMA. It is just that the federal government isn't bound by it and neither are other states. I am not sure if that is constitutional at least with respect to the other states or if it violates the full faith and credit clause. That issue hasn't been tried, yet.
