DOJ spokesperson on federal treatment of same-sex couples' Utah marriages: "The Department is reviewing the governor’s decision."
@chrisgeidner I follow you, but in that same para, there are, again, multiple refs to state power and authority w/ respect to marriage. So..
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@AppellateDaily It's all about expanding, not limiting, protections. Obviously, tho, Windsor doesn't answer the final question re states. -
@chrisgeidner We agree on that--Windsor doesn't provide all the answers (on purpose). Ct kicked the can down the rd; can is on its way back.
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@chrisgeidner ...whatever AMK calls it, state power and authority played into the decision. He says it was "of central relevance." -
@AppellateDaily Yes, bc the state expanded the protections, the fed had no legit reasons to limit. The opposite scenario is not discussed. -
@chrisgeidner Right, the opposite scenario is an open question, and I don't see DOJ stepping in to answer it w/o further guidance. -
@AppellateDaily And I don't think this is that opposite scenario. The state doesn't say these are invalid marriages. -
@chrisgeidner That's a whole different string! Anyway, it will be interesting to see what happens. - End of conversation
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