Re: [Marxism] Cal AG Brown asks court to overturn Proposition 8

[Shane Mage <shmage@xxxxxxxxxxxx>]

On Dec 20, 2008, at 8:16 PM, Bill O'Connor wrote:
>> ....But I still don't understand why no
>> Californian with an out-of-state gay marriage has yet sued on the
>> basis of the "full faith and credit" clause of the US Constitution.
>
> I thought DOMA removed marriage from the "full faith and credit"
> umbrella specifically for this reason.


Congress has no power to amend the constitution, so the DOMA is in  
this regard facially unconstitutional.

and Shacht@xxxxxxx wrote:
> This answers Shane Mage's question about why no one has challenged   
> Proposition 8 under the Full Faith and Credit Clause of the US  
> Constitution. The  Supreme Court's use of precedent is to decide a  
> case on the narrowest grounds  practicable.

But in fact the plain language of the Constitution is exactly the  
narrowest grounds possible.  But AG Brown doesn't have standing to  
bring the case on those grounds, I think.  Standing would not be a  
problem for a California resident gay-married in Massachusetts.

>  ...Edwards v. California -  the right to travel interstate (Edwards  
> was charged with bringing his brother or  brother in law into  
> California when he was a vagrant during the thirties...
Has nothing at all to do with the Full Faith and Credit clause.

Shane Mage

> This cosmos did none of gods or men make, but it
> always was and is and shall be: an everlasting fire,
> kindling in measures and going out in measures."
>
> Herakleitos of Ephesos

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