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Same Sex Marriage left to states?

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1 Same Sex Marriage left to states? on Mon Dec 17, 2012 11:55 am

Sir. Mayo

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The Supreme Court will be hearing two cases about same sex marriage. Both cases have implications for states' rights to recognize same sex marriage. The court will be examining the Defence of Marriage Act, federal law that states that states the do not allow same sex marriage do not have to recognize the Marriages performed in the states that have it legalized. Not only this but its states that, the federal government does recognize same sex marriage, which blocks same sex spouses from receiving the numerous federal benefits that heterosexual couples receive.

The court will also weigh in on Proposition 8, California's voter-passed state referendum that overturned the judicial ruling making same-sex legal in California.


Now, Under Arcticle IV section 1 of the constitution it says that Each state must respect and honor the state laws and court orders of the
other states, even when its own laws are different. For example, if citizens of New Jersey marry, divorce, or adopt children in that state, Florida must recognize those actions as valid, even if the marriage, divorce,
or adoption would not have been possible under Florida law.

Going by that it means that if a same sex marriage is performed legally in Maryland then Texas has to recognize the marriage as legal and allow them to be married.

So whats are your Fellings should their be an over all law that Decides the answer? Should states recognize same sex marriage that are preformed in states that have it legal. I think that we should be Free to marry whom we want after all we all the land of the free and the home of the brave.

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