Utah Claims "Sovereign Right" to Defi...

Utah Claims "Sovereign Right" to Define and Regulate Marriage

There are 6 comments on the www.jdjournal.com story from Aug 14, 2013, titled Utah Claims "Sovereign Right" to Define and Regulate Marriage. In it, www.jdjournal.com reports that:

In its 13-page brief filed in response to a lawsuit challenging a constitutional amendment that bars the state from recognizing same-sex marriages, on Monday, state attorneys representing Utah contended before U.S. District Judge Robert J. Shelby that the complaint against the amendment be dismissed as the state has a "sovereign right" to regulate ... (more)

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“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#1 Aug 14, 2013
States DO have a RIGHT to define and regulate marriage within their state. However, because of the U.S. Constitution's "Full Faith and Credit" clause, each state MUST legally recognize the marriage of ALL states, their own laws to the contrary notwithstanding.

The State Of Utah is certainly no stranger to controversies over marriage laws, as this was one of the reasons that there was much controversy over Utah becoming a state more than 100 years ago.

Since: Apr 08

Cleveland, OH

#2 Aug 14, 2013
States can pass whatever laws they like so long as they do not violate the US Constitution. That's why the Supreme Court overturns state-level laws that fail to comply.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#3 Aug 14, 2013
Fa-Foxy wrote:
States DO have a RIGHT to define and regulate marriage within their state. However, because of the U.S. Constitution's "Full Faith and Credit" clause, each state MUST legally recognize the marriage of ALL states, their own laws to the contrary notwithstanding.
The State Of Utah is certainly no stranger to controversies over marriage laws, as this was one of the reasons that there was much controversy over Utah becoming a state more than 100 years ago.
While the F.F.& C.C. certainly is a factor, I think what needs to be brought up is the Sovereignty Clause of the U.S. Constitution in Article 6.

"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

“ WOOF ! ”

Since: Nov 12

Coolidge, AZ

#4 Aug 14, 2013
DNF wrote:
<quoted text>While the F.F.& C.C. certainly is a factor, I think what needs to be brought up is the Sovereignty Clause of the U.S. Constitution in Article 6.
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
I agree.

Since: Dec 08

Toronto, ON, Canada

#5 Aug 14, 2013
Since when did Utah become the sovereign nation "Holy Republic of Nehi"?

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#6 Aug 14, 2013
JohnInToronto wrote:
Since when did Utah become the sovereign nation "Holy Republic of Nehi"?
Every Time I hear a "States Rights" thing I want to tell them to pay us back all the Federal Money they took as part of thew Union, THEN LEAVE the UNION!

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