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0 sats \ 9 replies \ @Undisciplined 22 Aug \ on: Is gay marriage really under threat at the Supreme Court? Politics_And_Law
I've forgotten why exactly, but I recall the basis for the original gay marriage decision being a little shaky.
If it's under threat, that would likely be the reason.
Yeah I saw a explainer on the clock app breaking down the shaky legal grounds but I can't recall the argument or find the video now
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If so, then it may get overturned and revert to being a state decision, which isn't the end of the world. We'd be back to people needing to go to another state to get married.
I've always thought there would be stronger constitutional grounds for requiring states to recognize marriage contracts from other states than requiring states to perform specific types of marriages.
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I think "Drivers Licenses" offers a template.
State A and State B may have very different requirements for getting a drivers license. However the states have entered into a "drivers license compact" with each other that basically states: Each state will recognize the validity of each others drivers license for purpose of enabling travel through the state.
That is, while you are in transit State A completely accepts a State B license for that purpose. However you can't necessarily use an out-of-state license for purposes other than temporary travel.
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The difference is that you can't get a drivers license in a state you don't live in. What would be the limitations on a couple with an out-of-state marriage license?
Not entitled to spousal benefits and privileges in their state of residence?
What would their state of residence have to recognize?
I expect there would just be another supreme court case almost immediately and they would hopefully use some better arguments this time but with the composition of the court who knows if that would be enough. Best thing would be get government 100% out of marriage business and they should just like rubber stamp people's marriage licences
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I think that's likely too, although it takes a long time for things to get to the Supreme Court. My guess is we'd be in this new paradigm for at least 5 years.
Isn't the current case based on the clerk who was refusing to issue same-sex marriage licenses ten years ago?
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Yep its her mission in life... Im glad to hear that its just a request and they may just ignore it
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