Friday, February 27, 2004

Sullivan's Argument

It seemed to me the strongest argument against gay marriage was that the Full Faith Clause (FFC) of the Constitution would be affected if marriages in one state were not recognized in another. Andrew Sullivan makes the point that marriages are licensed by the state, and thus have never been subject to the FFC, wheras divorces are the result of judicial proceedings, and thus always have been subject to the FFC. In other words, a marriage between first cousins younger than 65 will probably not be recognized in Arizona (it's against AZ law), even if it might be OK elsewhere in the U.S., but a divorce must be recognized everywhere in the U.S. Game, set, match.

No comments:

Post a Comment