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Rarely invalidate a law passed by Congress. Should there be a judicial hook? What if the w/m were citizens of different states? (Good faith and credit clause?) Is it a commodity? How is this among the states ? Tenth Amendment: State judges as special masters Does this force states to act?
Aren t state judges already forced to follow federal law? Is divorce among the powers traditionally reserved to the states? Are state judges part of the judicial branch? Policy: Ex Post Facto issue: Is it fair to the expectations of the couples that got married before the ban. Would this not actually disincentivize marriage? Is this a rational solution to the stated problem.