Elizabeth Scripturient (the delinquent, ecumenical (hermionesviolin) wrote,
Elizabeth Scripturient (the delinquent, ecumenical

Some people are upset because of the law on the Massachusetts books that says that Massachusetts will not marry you if your marriage would not be legit in your home state. This is a hold-over from the days when interracial marriage was contentious. I understand the gut reaction against this, but i think it’s a sensible law actually, because one of the big fears around same-sex marriage opponents is that stuff like the Massachusetts decision will force them to legally recognize same-sex marriage. During the debates over interracial marriage, the courts ruled that the Full Faith and Credit Clause does not apply to marriages. If your state has a DOMA, the Massachusetts ruling will not force your state to legally recognize same-sex marriages. This Massachusetts law just pre-empts any weirdness around that. If your state doesn’t recognize your marriage, you can still have a commitment ceremony of whatever sort you want; are you so committed to having a “marriage” that you want to have one that isn’t even legally recognized in the state you reside in?

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