General Discussion
In reply to the discussion: Apologies for the source [View all]DevonRex
(22,541 posts)The fact that DOMA strikes down the full faith and credit clause, so that it cannot be used to establish the validity of an LGBT marriage is absolutely an affront. Because FFAC is exactly what has ALWAYS been used to make marriages valid from one state to another historically in the United States, since the very beginning of our nation. It is gratuitous on its face.
And I'll tell you what. It's harmful to more than just the married couple. Say they've been married 10 years and have children. Theyve been transferred to another state since their marriage. One is killed in an accident. The surviving spouse normally would have inheritance rights, custody rights, etc. But their new state does not have to honor ANY of that, since the basis of inheritance and custody is the marriage itself which the new state does not consider to be legal. So the surviving spouse and the children are all hurt. As are the grandparents, potentially. If that couple did not have every little detail sewn up, carved in fucking stone, all could be lost.
And, omg, would some states even want to go after the adoptions? Would they try to say that the surviving spouse wasn't a legal adoptive parent? If they have a law on the books saying LGBTs cannot adopt, what would they do upon learning of the death of one and the other going to court to try to get simple property rights? Try to take away the adopted children? Who would put it past them? I would not. If they're saying they don't have to abide by the FFAC in one area, why would they have to abide by it in another area related to marriage and family?
I'll stop now. Sorry to carry on so, but it just snowballs when you think of just how far they could take this.