If Thomas wants to overturn Obergefell

[HariSeldon]

California, New York, Oregon, and Washington (and any others that are willing -- Illinois, maybe?) should pass a change to their marriage laws so they don't recognize any marriages from states that don't recognize same-sex marriages.

[Turbineguy]

1. Hmmm......

That would mean the if a couple were vacationing in California and a pregnancy resulted, the child would be illegitimate because life begins at conception.

This could get complicated.

Lawyers will get rich.

Them and Undertakers. They'll get rich too.

[rsdsharp]

2. You might want to check the Constitution for that

“full faith and credit” thingy. I think you’ll find it in Article IV section 1.

[HariSeldon]

3. And you think he doesn't want that part of Obergefell overturned?

I'm talking most specifically about the part of Obergefell holding that states must recognize same-sex marriages performed in other states. It would certainly be unjust for same-sex couples to be legally barred from getting married in some states, but the marriage law change I'm proposing is specifically to prevent any state from refusing to recognize same-sex marriage performed in a state legally allowing such, as the reasoning such a state would have to use would also support the law as I'm proposing it.

[rsdsharp]

4. I didn't say he doesn't want to overturn Obergefell.

I pointed out that what you are proposing is blatantly unconstitutional. There are exceptions for laws that would violate public policy of a state. That wouldn’t be applicable here.

Do the states you mention recognize hetero-marriage? Of course they do. Therefore it would be a violation of the full faith and credit clause for them to refuse to recognize hetero-marriages from other states.