Obscanity: You'll know it when you see it

The Supreme Court of Connecticut has become… yet another high court to rule that marriage discrimination against same-gender couples is unconstitutional. This makes Connecticut the third state to allow same-gender marriage. I would say it was the third court to make this ruling, but I think people underestimate the number of state supreme courts that have ruled against marriage discrimination. For the record, they are: Vermont, Massachusetts, New Jersey, New York (for out-of-state marriages), California, Connecticut. Other states, like Alaska and Hawaii, have seen court decisions become void because the states were allowed to pass DOMA amendments, which are entirely unconstitutional but have yet to be successfully challenged.

The reason DOMA is unconstitutional is that it violates the original constitution itself – not even an amendment – by flying in the face of the Full Faith and Credit clause, which directs that states give full faith and credit to other states’ public acts, records, and judicial proceedings. Marriage, and later divorce, has been established as a public act/record and if you get married in any state, you are married in all states – and if you get divorced in any state, you are divorced in all states. For states to recognize some out of state marriages and not others violates the 14th Amendment. If states want to recognize out of state marriages, they cannot pick and choose which marriages they will recognize. Let them stop recognizing ALL out of state marriages, divorces, and adoptions – let’s see how well that works! Let’s see how well that protects families!

Interesting quote:

State Senate Minority Leader John McKinney, a Republican of Fairfield, issued a statement today saying: “While I believe these decisions are better left to elected representatives, it is ultimately the province of the State Supreme Court to interpret our constitution. The Court carried out that responsibility today and ruled that the institution of marriage in Connecticut must include same-sex couples. Whether people agree or disagree, we all need to respect the Court’s decision and abide by the ruling.” (Read more)

Now, why is it that they recognize this in Connecticut, but not in California?

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