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The DoD Policy on DADT, Post-Repeal

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SavageHeathen Pro-Freedom Fanatic from Somewhere Since: Feb, 2011
Pro-Freedom Fanatic
#51: Apr 5th 2011 at 5:32:56 AM

The feds have no authority on marriage law. It's a States' issue.

For example, the Feds can't forbid a State from recognizing homsexual marriage, because marriage laws are a State issue.

Still, the States ARE bound by the FFC clause. If the Feds can't exempt them from giving full faith and credit, they sure as Hell can't exempt themselves.

Mini-DOMA will die with DOMA.

The full faith and credit clause IS an exception on States' rights. If they don't like it, they can try to amend it.

edited 5th Apr '11 5:34:23 AM by SavageHeathen

You exist because we allow it and you will end because we demand it.
Ratix from Someplace, Maryland Since: Sep, 2010
#52: Apr 5th 2011 at 5:36:19 AM

Re: DOMA. And this is why I don't buy claims of smaller government support to not recognize any marriage federally as support to make gay marriage equal to marriage. It ensures that there will always be oppositon that trumps it, and conservatives know that as long as states can declare it unconstitutional, ther's no hope of it being recognized nationally. And it's a pipe dream to imagine all marriage no longer recognized federally, so in the end gay rights lose.

Also, kudos on the Do D and the briefing. It sounds like they have everything worked out. Let us know everything you can find out about phases 2 and 3, Barkey! (yeah, I know you won't be attending 3, but if it's not confidential surely there will be iformation about it?)

edited 5th Apr '11 5:37:35 AM by Ratix

Swish Long Live the King Since: Jan, 2001
Long Live the King
#53: Apr 5th 2011 at 11:59:17 AM

Still, the States ARE bound by the FFC clause. If the Feds can't exempt them from giving full faith and credit, they sure as Hell can't exempt themselves.

Oh this is not true....

Get a permit for a gun in the state of Florida, and see if it is valid in the state of Texas, Colorado, or Virginia. It's not. You have to get a new permit for those states, even though FFC implies otherwise.

All the states would have to do is declare their requirements for marriage are "more strict" than another state's, and they would not have to recognize a license from that other state, and impose the requirement that the people must get a new license for their state. So long as the requirements for marriage are different in the two states... The only problem for states that would do such a thing is that it would have to affect everyone and not just same-sex couples.

edited 5th Apr '11 12:05:32 PM by Swish

HungryJoe Gristknife from Under the Tree Since: Dec, 2009
Gristknife
#54: Apr 5th 2011 at 2:56:51 PM

Because that would be discrimanotory?

Any way you slice it I want DOMA's head on my desk.

Charlie Tunoku is a lover and a fighter.
HersheleOstropoler You gotta get yourself some marble columns from BK.NY.US Since: Jan, 2001 Relationship Status: Less than three
You gotta get yourself some marble columns
#55: Apr 8th 2011 at 12:59:28 PM

To be honest, I don't meet many folks in the military who absolutely and utterly loathe gays and will get furious from this. Mostly it's just that the majority of us aren't really that comfortable being around it. We would really rather not, but if we have to, we'll do so without being assholes about it.
If the military cannot get enlisted personnel to put aside misgivings or even revulsion and do what they're damn well told ... well, as a taxpayer, I have to wonder what they're doing in the training.

Still, the States ARE bound by the FFC clause. If the Feds can't exempt them from giving full faith and credit, they sure as Hell can't exempt themselves. Mini-DOMA will die with DOMA.
Well ... sort of. But it'll have to work its way through the courts. I'm sure every state with a mini-DOMA on the books will see a challenge the instant Federal DOMA dies, but they still have to do it.

The child is father to the man —Oedipus
Barkey Since: Feb, 2010 Relationship Status: [TOP SECRET]
#56: Apr 8th 2011 at 1:02:16 PM

^

We all have opinions and feelings too, and that isn't something to just push aside, we're not robots.

That being said, I support the repeal and recognizing same-sex marriage, but I respect the opinions of those who aren't happy about it. It isn't fair to just expect people to accept things against their moral fiber by virtue of being in the military. Our feelings do matter and should matter regarding how our organization is ran.

edited 8th Apr '11 1:03:04 PM by Barkey

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