General Discussion

This doesn't pertain to whether or not it should be legal or not.   But rather a very small clause in the constitution that the states would rather ignore and break depending on their views.   This small clause also makes any state ban on gay marriage 90%-100% pointless.   This clause is also so important to our countries well being that it was also in the articles of the confederation(which was an insanely ill planned document, which speaks volumes for the importance).

This clause could be none other than the full faith and credit  clause.   This pretty much means that any contract written in one state is legal in anyother state, even if it would otherwise be illegal to write that contract in that state.  Obviously it's pretty simple to see why this so important to our country, originally each state was 'almost country like'.  meaning that we needed protections for bussinesses, wouldn't be a good idea to have a get out of debt plan be as simple as crossing the boarder(5 miles that way) as the contract wouldn't be legal in that state.

Marriage as far as the government should care is a contract(obviously a contract shouldn't care about who/what the signers are).   So if you want individual states to ban gay marriage rather than the federal govt.   you need to get all 50 states to ban gay marriage.   Otherwise if just one state doesn't anyone could sign the marriage contract there. Requiring the 49 other states to have to respect it due to the full faith and credit clause.

Not following the full faith and credit clause, WILL easily make it to the supreme court after a case or three(makes it into court).

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As for the only way to truely ban gay marriage, you need to get rid of it at the federal level.   Which is of course insanely difficult to do.  And thankfully so as such steps would really be a major step backwards, the govt. enforcing nonaffecting-of-others morality on the people.

Marriage is not a contract. That is a very, very, very, very long stretch you are trying to make. A prenumptiual agreement, however, is a contract and would be enforced by all states.

Originally posted by paulscott

This doesn't pertain to whether or not it should be legal or not.   But rather a very small clause in the constitution that the states would rather ignore and break depending on their views.   This small clause also makes any state ban on gay marriage 90%-100% pointless.   This clause is also so important to our countries well being that it was also in the articles of the confederation(which was an insanely ill planned document, which speaks volumes for the importance).

This clause could be none other than the full faith and credit  clause.   This pretty much means that any contract written in one state is legal in anyother state, even if it would otherwise be illegal to write that contract in that state.  Obviously it's pretty simple to see why this so important to our country, originally each state was 'almost country like'.  meaning that we needed protections for bussinesses, wouldn't be a good idea to have a get out of debt plan be as simple as crossing the boarder(5 miles that way) as the contract wouldn't be legal in that state.

Marriage as far as the government should care is a contract(obviously a contract shouldn't care about who/what the signers are).   So if you want individual states to ban gay marriage rather than the federal govt.   you need to get all 50 states to ban gay marriage.   Otherwise if just one state doesn't anyone could sign the marriage contract there. Requiring the 49 other states to have to respect it due to the full faith and credit clause.

Not following the full faith and credit clause, WILL easily make it to the supreme court after a case or three(makes it into court).

--------------------------------------

As for the only way to truely ban gay marriage, you need to get rid of it at the federal level.   Which is of course insanely difficult to do.  And thankfully so as such steps would really be a major step backwards, the govt. enforcing nonaffecting-of-others morality on the people.

 

   'Fraid not, bud. The full faith and credit clause only states that state governments must recognize the will of other states. If a same-sex couple gets married in Massachusetts (home state, FTW), and moves to say, Pennsylvania, they're still not married. The state of Pennsylvania is required by law to recognize that they have a marriage certificate in the state of Massachusetts, but is not required to give them the same status in their state, or any of the benefeits.

   American Government 101. I hated that class with a passion, but I can't say it wasn't without its merits.

Whoa there everyone......the full faith and credit provision is just like that wriiten on American currency.....

"In God We Trust".......all others pay cash.