What will happen to other states that have laws that ban gay marriage?

Question

In other words if Doma is struck down by the Supreme court will other states that ban gay marriage have their laws struck down?
Doesn't Federal Law overrule state and local laws?
10 points to the best answer that is thorough and at least 3 paragraphs long.

Answer 1

You're correct, federal law does trump state law. However, DOMA Section 3 only provides a definition of marriage, not a ban or anything like that.



The state laws may contain an actual BAN against same-sex marriages, and their definitions of "Marriage" might closely resemble DOMA's. This doesn't necessarily mean the ruling of US v. Windsor (the supreme court case) will actually effect them at all.



The Supreme Court can only rule on the constitutionality of laws, so if they declare a heterogeneous definition of marriage unconstitutional, that applies to ALL definitions of marriage in the nation. The state laws will probably have to be amended, but that will take years, and possibly many more lawsuits brought by citizens challenging such laws if they're slow to change.



The Supreme Court could also take the extra step of declaring the denial of marriage to same-sex couples unconstitutional, which would make the process much faster.

Answer 2

None of the cases before the SCOTUS actually dealt with the full faith and credit clause, although just like Thylawyer, I think DOMA violates that pretty clearly. Congress can not, by action of statute, allow states to refuse to recognize a marriage that is legal in another state. If that were so, it would logically follow that Kansas, for instance, to raise money, could decide that any marriage done in another state, no matter how long ago, wouldn't be recognized in Kansas without the couple paying for a Kansas marriage license. Of course, that wasn't the intent of DOMA, but bigoted laws such as DOMA often aren't thought through very well when they are passed.



The reason that the full faith and credit argument wasn't brought up, though, was that none of the fact patterns fit, and there wasn't a case or controversy where it was an issue. (I personally think it would have been a stronger argument than some of the other arguments.)

Answer 3

Federal law does not always trump state law. It depends on the scope of the federal law. DOMA does violate the "full faith and credit" clause, Article IV, of the Constitution, though that issue was not really addressed in the oral argument. I haven't read the briefs.



If the Supreme Court rules that DOMA violates the civil rights of gays and lesbians, establishing such a right in Constitutional law, then all state laws to similar effect will be unconstitutional. If the court rules that denying rights to persons legally married and thus entitled to the same rights as heterosexual marriages is what makes DOMA unconstitutional, then state laws prohibiting such marriages will not be ipso facto overturned. If those state laws deny rights to persons legally married in another state, it will not be long before they too will be struck down, one by one.

Answer 4

DOMA is being challenged because it prevents the government from recognizing gay marriages performed in a state where it is legal. This goes against the "full faith and credit" clause of the Constitution, which requires state governments and the federal government to recognize each others' laws.



If DOMA is struck down for this reason, it means that a gay marriage performed in Iowa would have to be recognized by the federal government, or a gay marriage abroad would have to be recognized for immigration purposes. It wouldn't necessarily legalize gay marriage in all states.

Answer 5

DOMA has nothing to do with state law. It merely limits the types of relationships that qualify for Federal benefits and regulations. It does not prevent marriages, it merely resricts them from benefits.



DOMA could be struck down while state laws are left in place, the state laws could be found unconstitutional while DOMA remains legal, or both could be struck down, or none. They are related buy seperate issues.

Answer 6

It all depends on the actual decision. It will be more than just striking down DOMA. They will also state WHY it is being struck down.



What's going to have a bigger effect on state laws will be the decision on Prop 8. That one is dealing with a state law/state constitutional amendment that bans same sex marriage. If that one is struck down, then it probably will be used as p residence nationwide.

Answer 7

No the place interior the bible does it say that blending of races is undesirable. It speaks relating to the subject of blending of international locations (yet enable human beings of different international locations to be observed into the Jewish usa, without subject approximately coloration), even then interior the recent testomony it truly is fastened whilst all international locations are presented God's observe, the place earlier it became limited to the Jewish international locations. So, using fact the Bible does not help isolating races like that, it is not a thought that we would share in ordinary. The information could be on the guy attempting to apply the Bible to assist their thought that races must be separated. and then regardless of in the event that they did that, i might purely use some thing like the song of Solomon or how the Jewish usa can undertake absolutely everyone without regard to coloration of epidermis into their usa and then be allowed to marry without care. Or factor out that because 2 human beings of distinctive races could have a baby, and that toddler is as proper as the different toddler, as clever, not genetically defunct or something (such as you ought to be certain in inbreeding), that toddlers are God's advantages on a union, and so interracial marriages are patently blessed.