4th Circuit Court confirms VA decision in favor of SSM (user search)
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  4th Circuit Court confirms VA decision in favor of SSM (search mode)
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Author Topic: 4th Circuit Court confirms VA decision in favor of SSM  (Read 1535 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: August 03, 2014, 11:29:13 PM »

I do not know the status of SSM in Puerto Rico, the US Virgin Islands, Guam, or the Northern Marianas.

I already gave you that info in the stickied poll thread a few days ago when you made that same comment, but it was a block of text so you may have ignored it.

Puerto Rico is in the 1st circuit, the Virgin Islands are in the 3rd circuit, the Northern Marianas and Guam are in the 9th circuit, and American Samoa is in no circuit and any cases arising from the High Court of American Samoa are appealed directly to the Supreme Court.  PR and VI have laws to explicitly not recognize SSM and so it's possible a case could head from them to the 1st and 3rd circuits.  The other territories don't have any provision to explicitly recognize or not recognize SSM.  If we don't get a circuit split, a case from American Samoa might well be the last chance to have the Supreme Court weigh in again on this issue.
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True Federalist (진정한 연방 주의자)
Ernest
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*****
Posts: 42,144
United States


« Reply #1 on: August 05, 2014, 08:00:48 AM »

I do not know the status of SSM in Puerto Rico, the US Virgin Islands, Guam, or the Northern Marianas.

I already gave you that info in the stickied poll thread a few days ago when you made that same comment, but it was a block of text so you may have ignored it.

Puerto Rico is in the 1st circuit, the Virgin Islands are in the 3rd circuit, the Northern Marianas and Guam are in the 9th circuit, and American Samoa is in no circuit and any cases arising from the High Court of American Samoa are appealed directly to the Supreme Court.  PR and VI have laws to explicitly not recognize SSM and so it's possible a case could head from them to the 1st and 3rd circuits.  The other territories don't have any provision to explicitly recognize or not recognize SSM.  If we don't get a circuit split, a case from American Samoa might well be the last chance to have the Supreme Court weigh in again on this issue.

But are the territories treated the same? None of the territories are incorporated areas of the United States (except for Palmyra Atoll, LOL).

In this case, yes they are treated the same.  The Insular Cases back at the start of the 20th century fleshed out the doctrine that while the unincorporated territories were not automatically granted the same rights as the States in such matters as taxation, etc., individuals living there have the same rights as those living in the States.  So the Bill of Rights (except the 10th amendment) applies to the unincorporated territories too.
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