Defense of Marriage Act: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, March 30, 2004, Volume 4
United States, United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
U.S. Government Printing Office, 2004 - Gay couples - 108 pages
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Page 25 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Page 24 - 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.
Page 7 - It may truly be said to have neither force nor will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. "This simple view of the matter suggests several important consequences. It proves incontestably that the judiciary is beyond comparison the weakest of the three departments of power...
Page 4 - The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to ... freedom of worship . . . and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.
Page 8 - ... reconciled to each other, reason and law conspire to dictate that this should be done ; where this is impracticable, it becomes a matter of necessity to give effect to one, in exclusion of the other. The rule which has obtained in the Courts for determining their relative validity is, that the last in order of time shall be preferred to the first. But this is a mere rule of construction, not derived from any positive law, but from the nature and reason of the thing.
Page 34 - Mr. Chairman and members of the subcommittee, I am grateful for the opportunity to testify...
Page 28 - State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers's validation of laws based on moral choices. Every single one of these laws is called into question by today's decision...