Quote:
|
O.K. Once again, this brings up constitutional issues that I don't quite understand. Does Missouri still have to recognize legal gay marriages from Massachusetts? The full faith and credit clause of the U.S. constitution would seem to say so. Can a state's constitutional amendment be ruled unconstitutional by the SCOTUS? How would one go about challenging a state constitutional ammendment? Would it be in state court or federal court? HuH?
|
Yes Missouri DOES have to recognize them. Now, they will try to not recognize them at first, then someone goes to the SCOTUS and brings a case based on the full faith and credit clause. FFCC wins because US Constitution supercedes any state constitution. It's the ultimate law of the land.
Missouri now never has to actually allow a gay marriage to be performed within it's borders, but constitutionally it will always have to recognize such unions coming in from other states.
This constitutional amendment cannot be ruled unconstitutional as it does not voilate any tenets of the US Constitution itself. Now, if it were contradictory to the US constitution, it would be ruled unconstitutional by the SCOTUS
There is no basis to actually challenge this amendment, though. If you were to challenge a state constitutional amendment, it would go to the state supreme court.