Tuesday, February 15, 2011

Let's Face The Facts

I believe that I have posted on my belief that the Defense of Marriage Act is unconstitutional before, but I only have a few minutes, so I am not going to hunt it up right now.  There is a long list of reasons that people should be allowed to marry whomever they choose (yea, sorry, even bigamy doesn't freak me out as long as it CONSENSUAL among ADULTS), but I was just reading an article on The Huffington Post and I realized that my reasoning for declaring it unconstitutional is different than that of the author's.

Professor Stone says that DOMA is unconstitutional due to the 14th amendment's Equal Protection Clause which was put into place after the Civil War to try to ensure equality for those who had been slaves.  But I have always felt that Article IV Section 1, aka, the Full Faith and Credit Clause should be called into action first. That article states that each state must give credit to any acts, records, or judicial proceedings of any other state. It is the reason that DSD and I are married everywhere we go. It is also the reason that, if I moved out of Florida, I would still be responsible for paying the mortgage on my house here. Or the mortgage company could come after me. No matter where I live.

So when ONE state made marriage between same sex couples legal, then every other state is LEGALLY bound to recognize that marriage. A same sex couple should be allowed to marry in Hawaii (great place to get married!!) and return home to Montana and set up housekeeping, be covered on each other's health insurance, file taxes, and fight like every other married couple.  They should also be allowed to divorce. In Montana. According to Article IV Section 1.

So between me & Professor Stone, we should have this sorted out in a few hours and we can get back to the issues with the economy.* Sweet.

*Allowing same sex couples to marry would be a HUGE boost to the economy, wouldn't it? One of my friends is getting married in a couple of weeks. Over $22,000. On one day. And I thought the $5,000 we spent was a little over the top!

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