State's rights today

[cw1865]

New Jersey abolished the death penalty subject to a certain signature from the Governor.

Rhode Island failed to recognize a Mass. civil union for purposes of granting a divorce.

[hoosier]

Am I missing something here?

If Rhode Island doesn't recognize a civil union, then why should anyone expect them to grant a divorce to dissolve a union that, in their eyes, doesn't exist?

[cw1865]

Well you can actually find cases where a state will grant divorces to an out-of-state marriage that that state's law would not have permitted. The doctrine even extends to bigamous foreign marriages, ie. Saudi Arabia, where a second wife can actually file for divorce despite the fact that the marriage would be illegal (in any state).

Even the Republican governor said the case should've been heard.

But that really isn't the point, marriage has traditionally been regulated by the states and this case could theoretically wind its way through RI's courts and COULD get heard by the Supreme Court and you could get a Full Faith and Credit boomerang off of this.

A similar thing actually happened with the miscegenation laws prohibiting different races from getting married. Essentially the Federal courts declared these laws to be unconstitutional.

Slowly and surely, marriage is getting bucked up to the Federal government.