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As that 1996 law stands, the federal government can refuse to recognize same sex marriages that are legal in individual states.
This Article explains how tort law, understood as law that enables victims to hold wrongdoers answerable to them, cogently can refuse to recognize excuses.
The challenges stem from a 2010 Supreme Court decision that ruled a public college can refuse to recognize a religious student organization with an "all-comers" policy if its religious beliefs are effectively discriminatory.
If the justices are certain to declare a constitutional right to marriage equality, one mystery is why they also agreed to hear arguments on a second question: whether states can refuse to recognize same-sex marriages performed in other states.
The justices will decide whether the Constitution permits states to prohibit same-sex marriage, and whether states can refuse to recognize same-sex marriages performed in another state where it is legal.
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First, there were readers like James B. Huntington of Eldred, New York, who agreed with me: "Anyone who disapproves of a marriage can personally refuse to recognize it, but legally, getting married should be about as sacred as getting a roofer's license".
The high court decision affirmed that institutions can legally refuse to recognize a religious organization unless it allows all students to join, as NPR reports.
They can refuse to know.
"I just took that same argument and went to Ohio and said, 'How can you now refuse to recognize marriages from other states if the federal government can't do it?'" Gerhardstein said.
How can we even hope to end domestic violence if leading members of our society refuse to recognize it as a serious crime?
However, we can teach ourselves why they so often behave repulsively toward us, such that we never again internalize the hatreds they refuse to recognize in themselves.
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