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"In October, Dallas District Judge Tena Callahan ruled that the same-sex marriage ban is unconstitutional because it stands in the way of gay divorce. Abbott is appealing the ruling, which came in a divorce petition involving two men who were married in Massachusetts in 2006." Ha!, I knew it would happen this way, I've been saying this for like two years...
Perhaps I should explain.. Picture this, a couple gets married in California or Massachusetts, and then moves to a state with (or without) a gay marriage ban for example, lets say Texas, they then attempt to file for Divorce, however they are told that according to the laws of Texas you are not legally married, and therefor cannot get divorced, they go to the state they got married in, and then also try to file, and are told that they have no standing to file in that state, because they are no longer residents of that state, what do they do then?
Well they sue, Full Faith and Credit you see, generally requires that states acknowledge a contract written in one state to be valid in all states, its also what drives Extraditions and Licensing Reciprocity, Essentially through Gay Divorce, I believe you can strike DOMA, and if you can strike DOMA, you get 50 State Gay Marriage now.
Perhaps I should explain.. Picture this, a couple gets married in California or Massachusetts, and then moves to a state with (or without) a gay marriage ban for example, lets say Texas, they then attempt to file for Divorce, however they are told that according to the laws of Texas you are not legally married, and therefor cannot get divorced, they go to the state they got married in, and then also try to file, and are told that they have no standing to file in that state, because they are no longer residents of that state, what do they do then?
Well they sue, Full Faith and Credit you see, generally requires that states acknowledge a contract written in one state to be valid in all states, its also what drives Extraditions and Licensing Reciprocity, Essentially through Gay Divorce, I believe you can strike DOMA, and if you can strike DOMA, you get 50 State Gay Marriage now.