NPR's analysis of same-sex marriage, found through
Volokh Conspiracy, inspires us to ask:
Some supporters of same-sex marriage argue . . . that the DOMAs are indeed unconstitutional, and the Full Faith and Credit Clause mandates recognition of out-of-state marraiges.
Okayyyyyy, so if all States are mandated to recognize any official public act of any State, why wouldn't the State of New York recognize my Pennsylvania CCW? That's an, um,
extremely official act that the Commonwealth made, my paying the fee, their running the background check and all . . . Assuming that having to get a license to do so is legit, that license should be as portable as any other. And mind you, my Commonwealth CCW was a
license, not a permit. Let's hope that's a genuine difference rather than a semantic distinction.
If by
public we presume that this State act is a matter of public record, much like a real estate transaction, say, then this cements further that a CCW license would be even harder to ignore by another State, if it was issued by a State that makes the identities of licenses applicants and holders public.
Oooops. Licenses to practice medicine aren't portable either, are they? Acupuncture? Law? Pharmacy? Massage therapy?
Still, this deserves some exploration. All of the conditions, hoops, pitfalls and minefields applied to CCW legislation by those who want to defeat it must be turned into countervailing legal strategies to liberalize CCW.
If same-sex marriage can be used as a tool to demand CCW reciprocity from intransigent states like New York or California, then I could change my position on the matter from apathy to active support.
Let the Left's activists be careful what they demand in Court.