(05-10-2022, 01:10 PM)flsprtsgod Wrote:

(05-10-2022, 12:24 PM)HURRICANE!!! Wrote: Braun stated in the interview (link below) that interracial marriages should be left up to the decision of the States.  that's pretty whacked out in itself.

https://www.vanityfair.com/news/2022/03/...l-marriage

Why is it whacked? The State is who licenses a marriage through the various Counties, so that decision doesn't reside anywhere else.

Braun is totally wrong on the question of a federal role in the definition of marriage.
Article IV of the US Constitution requires the federal government to have an opinion on which marriages are valid and which aren't. It simply can not be left to the states and never could have been left to the states.  A state that refuses to recognize a marriage from another state is violating Article IV unless there is a "general Law" from US Congress allowing them to do so.  Such general Laws may be struck down if found to violate the 14th amendment, but striking them down doesn't change the fact that the thing is decided at the federal level, not the state level.

By contrast, Article IV has no application to medical procedures, so a state could be free to go down their own path in regulating or restriction abortion.

But looking at the Dobbs draft, only the 14th amendment is really discussed, and the way that amendment's interpretation is pared down could allow for a new federal statute allowing one state to not recognize marriage in other states on the basis of race or gender. If anyone ever desired to pass such a statute.

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