Quote:
Originally Posted by Alex
And it should be noted that neither ruling struck down the "Full Faith & Credit" exemption part of DOMA. So even if these stand there's still no obligation for Oklahoma to recognize Massachusetts' marriages.
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I'm pretty sure that if DOMA is struck down on ANY basis, then the marriages would have to be recognized on full faith & credit (though it may take another lawsuit to hammer the nail into the coffin).
In other words, if DOMA is found unconstitutional, I don't think it's a piecemail sort of thing (like a contract). In most contracts, for instance, there is a clause which states something to the effect that if one of the aforementioned clauses is found unenforceable, illegal or invalid, then the rest of the clauses can still be enforced.
A statute like DOMA on the other hand is either constitutionally valid or it isn't. It isn't going to remain on the books simply because there hasn't been a lawsuit testing its constitutional validity in every situation or under every theory out there.