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Ron Paul Condemns Obama’s Decision to Abandon DOMA

Discussion in 'Current Events, World News, & LGBT News' started by Dan82, Feb 27, 2011.

  1. Dan82

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    http://caffeinatedthoughts.com/2011/02/ron-paul-condems-obamas-decision-to-abandon-doma/

     
  2. Revan

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    We care why?
     
  3. Emberstone

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    besides, if libertarians like Ron Paul are truly for the liberties of americans, why isent he jumping behind obama to support him for this?

    oh yah... Ron Paul has proven himself to be mostly all talk, with very little action.
     
  4. Ianthe

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    Ron Paul is saying that the constitution confers upon Congress the right to decide which of a state's "Acts, Records, and judicial Proceedings" other states shall have to recognize. I personally disagree. Under the Full Faith and Credit clause, Congress has the right only to "prescribe the Manner in which [they] shall be proved, and the Effect thereof." And this power is limited by the 14th Amendment, which has been held in court to apply to the United States as a whole as well as to individual states.

    So, Congress may have the power to determine what proof is necessary to show that you were married in another state; and also to determine what effect it shall have once you have proven the marriage. But they can't say that any act of any state need not be recognized at all, because that power is not conferred by the Full Faith and Credit clause; nor can they say that some marriages, as defined by the states, should have different effects than others, because it violates the Equal Protection clause of the 14th Amendment.

    (This is especially true when the basis for discrimination is something like race, gender, or sexuality--as Obama put it, these require "a more heightened standard of scrutiny." But in my opinion, you can't really legally discriminate against some marriages, legally performed by the states, and not others, regardless of the basis for doing so.)

    For some reason, I've rarely heard this mentioned, but allowing the DOMA as constitutional implies that congress has the constitutional right to decide that ANY marriage, performed in one state, need not be recognized by other states; and they don't really need any reason for doing so. Previously, the requirement for all states to recognize the marriages performed in other states was universally upheld in court, or so I understand. It also implies that they could allow, for example, adoptions in one state to be invalid in other states, and so on.

    It really is a terrible precedent. I personally think it's better that this one is declared unconstitutional rather than being repealed. Repeal takes the law of the books, but does not reject the premise of its viability. If this law is constitutional, then Congress can do all sorts of things I don't want it to be able to do.
     
  5. maverick

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    Any law that enforces discrimination on one innocent segment of the population is unconstitutional because it conflicts with the universal pursuit of life, liberty, and happiness.

    Period.

    Ron's stance on this issue disappoints me.
     
  6. midwestblues

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    Ron Paul. LOL.