If the court does as suggested in the media it is his approach
Reader comment on: Richard Epstein on Gay Marriage
Submitted by Lyle (United States), Mar 28, 2013 15:46
On the DOMA case it will say that due to federalism the DOMA clause fails, if a state says you are married and a resident of that state then the feds have to take you as married. Now this then leads to a future case. Assume two folks get married in say New York and move to MS, can MS fail to recognize their marriage under the full faith and credit clause? One could see a situation where some state to get the benefit of the money involved cuts the residency to what it is in NV. Once the state says your married then other states must recognize this.
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