The bill isn't perfect, but it would be the most consequential gay rights measure in history.
beyond the Civil Rights Act. In the process, a President Hawley could test’s continued vitality at our hard-right Supreme Court. Far better for Congress to preempt such backsliding by wiping DOMA off the books for good, declaring that same-sex couples must receive every right and privilege of marriage granted by the federal government. And that’s precisely what the RFMA does.Turn now to the second prong of the bill: Its requirement that every state recognize a valid same-sex marriage.
So the RFMA does not force Texas to issue a marriage certificate to a same-sex couple. But it does force Texas to recognize a marriage certificate issued to a same-sex couple by New Mexico. In a post-world, a same-sex couple in Texas could drive to New Mexico, obtain a certificate, and force Texas to respect their marriage like any other.
to enforce federal laws or pass specific statutes. If Congress compelled states to license same-sex marriages, the judiciary would invalidate the law as a violation of this anti-commandeering doctrine.same-sex marriages, by contrast, is extremely well-established, and very likely to be upheld. That’s because the Constitution’s full
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