Why hasn’t this happened sooner?

Greetings, loyal minions. Your Maximum Leader read yesterday that Maryland Atty General Douglas Gansler has determined that the state of Maryland will recognize same-sex marriages (and presumably civil-unions) performed legally in other states. The piece says that Gansler recognizes that his decision will be challenged in court rather quickly.

Frankly, your Maximum Leader has wondered for a few years now why no Atty General hasn’t done this sooner. (Other than the fact that they are, collectively, gutless.)

You know, your Maximum Leader agrees with Gansler in two ways. The first is that his decision will be challenged quickly in the courts. The second way is that Gansler’s decision will (and indeed must) be upheld.

For years now your Maximum Leader has completely agreed with everyone (the Smallholder jumps to mind first) who has said that once one state legalizes gay marriage it will be legal everywhere due to the full faith and credit clause of the Constitution. As he stated a few sentances ago, the thing that has been amazing is that no state Attorney General hasn’t done this sooner.

A number of years ago, the Congress passed the Defence of Marriage Act which stated that states don’t have to recognize same-sex marriages performed in other states. As he said back then, and he’ll say again, DOMA is an unconsitutional law. Your Maximum Leader can’t see a circumstance where the plain language of the Constitution doesn’t completely trump the DOMA.

You know, if your Maximum Leader were Attorney General of Virginia (which he gladly is not) he would have to go down much the same course as Gansler is in Maryland. Your Maximum Leader just can’t see how the marriage of a homosexual couple performed legally in Iowa would not be valid in Virginia (or any other state) if the couple chose to move to Virginia (or any other state).

One imagines that the court challenge on this decision will move quickly, how hard can it be to read the Constitution and over 200 years of practical application of the full faith and credit clause and not decide to uphold Gansler? Once a major court (like the Supreme Court of Maryland or a federal court) decides that Gansler is right other states will follow quickly.

Once this resolves itself the gay marriage debate will, for practical purposes, be ended in America.

(At that point we can all start focusing on polygamy. And once Utah allows polygamy…)

Carry on.

2 Comments »
Polymath said:

Sorry for the late comment - If legal marriage is recognized in Maryland (and othe states, according to the full faith and credit clause), why not my concealed hangun permit? I find this situation illogical.



No need to apologize for the late comment.

I don’t know why the same logic wouldn’t apply to concealed carry permits. It applies to driving licenses… Perhaps it is just a matter of lack of litigation on the subject.

Of course, it could also be that the 2nd Amendment has not been incorporated to the states…



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