Defense of Marriage Act: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, Second Session, on H.R. 3396, Defense of Marriage Act, May 15, 1996U.S. Government Printing Office, 1996 - 243 páginas |
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Amendment American argument Baehr believe benefits bill BIRCH bisexual CANADY Chairman Choice of Law civil Colorado Conflict of Laws Congress Credit Clause David Saperstein debate decision Defense of Marriage definition of marriage Dennis Prager discrimination divorce enactment equal marriage rights Evan Wolfson faith and credit FALLON family law federal government federal law FRANK freedom to marry full faith gay and lesbian gay marriage going Greenberg Hawaii Supreme Court heterosexual homosexuality INGLIS issue judges judgment judicial proceedings Lambda Legal legalize same-sex marriage legislation legislature lesbian lesbian and gay litigation Marriage Act marriage licenses MUSGRAVE person political polygamy PRAGER prepared statement prohibited public policy exception question Rabbi SAPERSTEIN recognize same-sex marriages relationships Representative riage same-sex couples same-sex unions Section SEKULOW SENSENBRENNER sex marriage society spouses state's statute SULLIVAN Thank U.S. Constitution U.S. Supreme Court valid WARDLE WATT Whyman woman
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Página 115 - If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law disregarding the constitution, or conformably to the constitution disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Página 115 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Página 162 - The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties,...
Página 240 - No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.
Página 151 - Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.
Página 16 - If there is one thing that the people are entitled to expect from their lawmakers, it is rules of law that will enable individuals to tell whether they are married and, if so, to whom.
Página 226 - Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought...
Página 226 - At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Página 104 - We deal with a right of privacy older than the Bill of Rights— older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred.
Página 23 - Since the classification here touches on the fundamental right of interstate movement, its constitutionality must be judged by the stricter standard of whether it promotes a compelling state interest.