The Gay Thread

[Chernabog]

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.

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.