This week, Wyoming’s Republican sate lawmakers — including House Speaker Ed Buchanan, Reps. Owen Petersen, and Bob Brechtel — will make good on their promise to try to push through a bill that would prohibit Wyoming from recognizing same-sex marriages performed in other states.
Wyoming’s New Year’s Resolution To Ignore Gay Marriages From Radical American States
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J
Doesn’t anybody remember the “Full Faith and Credit Clause” of the constitution?
Section 1 – Each State to Honor all others
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
This isn’t a “States rights” issue as the right wingers would have you believe.
Section 2 – State citizens, Extradition
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
It is quite simply, a supremacy issue.
Article VI – Debts, Supremacy, Oaths
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Quite simply, the legal documentation issued by one state (marriage licenses ARE legal documentation) MUST be recognized by all states. Otherwise the very nature of the union is in jeopardy.
Why hasn’t The Supreme Court stepped in on the issue?
They can’t directly challenge any law or interpretation of The Constitution, a challenge must be presented to them.
My constitutional law professor pointed out ten years ago that this issue would come up. He also said that if the court goes by strict constitutional law, and avoids any religious connotation, there’s no way that the courts could uphold the denial of same sex marriage.
All it would take is a couple getting married in a state that grants them that legal right. They file state tax returns as a married couple, then move to a state that doesn’t allow gay marriage and (after establishing residency) file state taxes as a married couple (which their new home state would deny)….instant constitutional law case……..full faith and credit clause would apply.
BM
As a Wyoming citizen and a Republican I do not support this bill. I’m a supporter of people having the freedom to make their own choices, a supporter of the United States Constitution and the United States Bill of Rights giving people the freedom for same sex marriage. Support my facebook group to help defeat this bill here.
http://www.facebook.com/pages/No-On-House-Bill-74/100610820015035?v=info