The Supreme Court's ruling on California's Proposion 8 (Hollingsworth v. Perry) puts California among the other 12 states and District of Columbis where same-sex marriage is legal. And the other ruling on the subject (United States v. Windsor) makes it clear that anyone that the States consider married, the Federal Government must recognize as married too. Two very sensible rulings, which it pains me to see so-called “conservatives” attacking. Most of the time, conservatives believe that the Government should protect people's rights. They should realize that both these rulings are in that spirit. However, a lot of “conservatives” seem to want to have the Government impose their moral standards on everyone, even though the others may have a different view of what is, and what is not, moral. These “conservatives” I can only despise. They would, I'm certain, feel differently if, say, an Islamic Government imposed its rules, as the Taliban did, on them.
So I'm happy with these rulings, but I wonder what is next. I don't think the nation is ready for the equivalent to Loving v. Virginia, overturning laws in many States. However, I can see a logical next step. A person who gets a driver's license in one State can drive in all the other 49, even if, for some reason, they would be ineligible in the State where they are currently located. This is because of Article IV of the Constitution. It requires the States to give “full faith and credit” to the acts of other States. A case might be made that a Virginia same-sex couple, going to Massachusetts to get married without establishing Massachusetts residency, is stretching the law, and Virginia can legitimately refuse to accept this marriage. But it seems to me that a same-sex couple who marry in Massachusetts, being resident there at the time, have a legitimate marriage that must be recognized in the other 49 States, even if, say, Virginia will not allow such a marriage to be performed there.
So I think this is the next step. Forcing all States, under Article IV, to recognize legitimate marriages performed in other States, at least between residents of the State where the ceremony was held, is going to cause great consternation in States like Virginia, but I think this will need to be done before those States are forced to allow the marriages to be performed there. At least, that's how it seems to me.
So I'm happy with these rulings, but I wonder what is next. I don't think the nation is ready for the equivalent to Loving v. Virginia, overturning laws in many States. However, I can see a logical next step. A person who gets a driver's license in one State can drive in all the other 49, even if, for some reason, they would be ineligible in the State where they are currently located. This is because of Article IV of the Constitution. It requires the States to give “full faith and credit” to the acts of other States. A case might be made that a Virginia same-sex couple, going to Massachusetts to get married without establishing Massachusetts residency, is stretching the law, and Virginia can legitimately refuse to accept this marriage. But it seems to me that a same-sex couple who marry in Massachusetts, being resident there at the time, have a legitimate marriage that must be recognized in the other 49 States, even if, say, Virginia will not allow such a marriage to be performed there.
So I think this is the next step. Forcing all States, under Article IV, to recognize legitimate marriages performed in other States, at least between residents of the State where the ceremony was held, is going to cause great consternation in States like Virginia, but I think this will need to be done before those States are forced to allow the marriages to be performed there. At least, that's how it seems to me.
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