http://a-new-machine.livejournal.com/ ([identity profile] a-new-machine.livejournal.com) wrote in [community profile] talkpolitics 2012-10-19 04:03 am (UTC)

Because DOMA Section 3, the section in question here, refers to federal recognition of state acts, whereas the FF&C clause requires states to recognize each others' acts. That it also purports to give states a free pass is another thing, but the lawsuit challenged federal recognition and implementation, not states' reliance on the Act.
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