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How does Article 6 of the US Constitution override States' rights to legalize same-sex marriage?
Wiki User
∙ 13y ago
It doesn't. I believe you are asking why doesn't the Defense of Marriage Act ("DOMA") prevent a state from permitting same-sex couples to marry because of Article VI of the Constitution. Article VI says, in part: "This Constitution, and the Laws of the United States ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby...." However, DOMA does not purport to outlaw same-sex marriage in states seeking to permit them. DOMA says only that such unions cannot be recognized for purposes of federal law, and that individual states are permitted to refuse to recognize same-sex marriages performed in other jurisdictions. DOMA does not prevent a state from enacting its own definition of marriage, a subject which has always been a matter of state law, not federal law.
Wiki User
∙ 13y ago
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