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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Términos y frases comunes
Amendment American argument Baehr benefits bill BIRCH CANADY Chairman Choice of Law civil Colorado CONG CONGRE CONGRESS THE LIBRARY Constitution Credit Clause David Saperstein decision Defense of Marriage definition of marriage Dennis Prager discrimination divorce 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 Greenberg GRESS heterosexual homosexuality INGLIS issue judges judgment judicial proceedings Lambda Lambda Legal legalize same-sex marriage legislation legislature lesbian lesbian and gay LIBRA LIBRARY OF CONGRESS litigation Marriage Act marriage licenses MUSGRAVE political polygamy PRAGER Prepared statement prohibited protect public policy exception question Rabbi SAPERSTEIN RARY recognition recognize same-sex marriages relationships RESS riage same-sex couples Section SEKULOW SENSENBRENNER sex marriage sexual society spouses state's statute subcommittee SULLIVAN Thank U.S. Supreme Court valid WARDLE WATT Whyman woman
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Página 222 - 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 111 - 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 147 - 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 236 - 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 14 - Full Faith and Credit— The Lawyer's Clause of the Constitution,
Página 239 - In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.'.
Página 19 - 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.
Página 182 - Congress has not prescribed, as it may under the constitutional provision, we think the conclusion is unavoidable that the full faith and credit clause does not require one state to substitute for its own statute, applicable to persons and events within it, the conflicting statute of another state, even though that statute is of controlling force in the courts of the state of its enactment with respect to the same persons and events.
Página 111 - 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 201 - the whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the states and not to the laws of the United States," Ex parte Burrus, 136 US 586, 593, 594, 10 S.