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C'mon Virginia... - A Suburbs Boy Living a Country Life [My Flickr Photos]
October 25th, 2006
09:46 pm

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C'mon Virginia...

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From:admiral_jc
Date:October 26th, 2006 05:54 am (UTC)
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Yuck... that is an awful super-DOMA... my only hope is that it won't survive constitutional challenge because by trying to strike down contracts it sets a horrible precedent and most likely violates the Commerce Clause. Just imagine what happens if say New Mexico were to state that it didn't want to recognize contracts written in Texas.

There is also the hope that the federal court will see a super-DOMA as overreaching. For instance, this opens up the door to states deciding they don't want to recognize any marriages or contracts written in other states. For instance, what about some state like SC deciding it didn't want to recognize weekend marriages performed in Las Vegas.... or marriages where taxes and filling fees weren't paid in the home state? Dreadful precedent and that is why I think super-DOMAs are going to fail constitutional muster.
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