Proof the world gonna end soon. 7 states now have legal gay marriage.

[GenSeneca]

To paraphrase Madison: the powers of gov are enumerated and limited the rights of citizens are numerous and indefinite.

The only way the actions of men can be limited is when the gov specifically has been given the authority to limit the action. marriage is not once mentioned in the federal constitution. so where does a federal authority to regulated come from?

The Federal/Constitutional authority to regulate marriage does not exist, however, the Federal authority to overturn State laws that effectively ban all but heterosexual marriages between one man and one woman resides in the 14th Amendment, specifically the equal protection clause.

 

[dogtowner]

The Federal/Constitutional authority to regulate marriage does not exist, however, the Federal authority to overturn State laws that effectively ban all but heterosexual marriages between one man and one woman resides in the 14th Amendment, specifically the equal protection clause.

I believe that has yet to be looked at and I would imagine that its debatable at a minimum. its no different than age allowed, genetic separation etc.

 

[Dr.Who]

The Federal/Constitutional authority to regulate marriage does not exist, however, the Federal authority to overturn State laws that effectively ban all but heterosexual marriages between one man and one woman resides in the 14th Amendment, specifically the equal protection clause.

Everyone gay or straight can go and get married whenever they want. What they can't do is get permission from the state to do so. No one gay or straight should have to get permission unless the welfare of their descendents is at stake. An argument can be made that all state permitted marriage is a loss of rights and we should do away with the need to get a license. An argument could also be made that straight marriage must be restricted to only those that get state permission. The argument that gay marriage needs the permission of the state is weaker.

It isn;t so much that the gay marriage is banned as that the straight marriage is restricted allegedly for the protection of the kids.

I would have it that no one needed state permission to get married and then there would be no difference in how people are treated in this regard.

When the state overturns laws that ban all but straight marriage based on discrimination I think they got it wrong. Now both gay and straght can equally lose their rights. AT least there was a poor justification for the straights to lose their rights. The justification for the gays to lose their rights is even worse.

(if you notice more spelling and typos in my posts it is becaue I have less time to be here and I can;t let my big fingers or dense memory get in the wAY OF being able to post at all. sorry all)

 

[dogtowner]

Everyone gay or straight can go and get married whenever they want. What they can't do is get permission from the state to do so. No one gay or straight should have to get permission unless the welfare of their descendents is at stake. An argument can be made that all state permitted marriage is a loss of rights and we should do away with the need to get a license. An argument could also be made that straight marriage must be restricted to only those that get state permission. The argument that gay marriage needs the permission of the state is weaker.

It isn;t so much that the gay marriage is banned as that the straight marriage is restricted allegedly for the protection of the kids.

I would have it that no one needed state permission to get married and then there would be no difference in how people are treated in this regard.

When the state overturns laws that ban all but straight marriage based on discrimination I think they got it wrong. Now both gay and straght can equally lose their rights. AT least there was a poor justification for the straights to lose their rights. The justification for the gays to lose their rights is even worse.

(if you notice more spelling and typos in my posts it is becaue I have less time to be here and I can;t let my big fingers or dense memory get in the wAY OF being able to post at all. sorry all)

interesting take doc.

I guess you can view the "license" as a sort of permission when all it really does is insure that the laws of the state regarding marriage are adhered to (age, genetics etc). The society stipulat4es these according to their own standards.

Not sure I buy that straight marriage is 'about the kids' so much as it is clarifying what everyone assumed was a given (until recently).

There are also restrictions (at least in some jurisdictions) regarding what people of the cloth may do regarding non-secular marriage as its seen as potentially granting some measure of validity of what is an illegal secular union. I was surprised to learn this (some priest in I believe Penn got in hot water over doing same sex "weddings". Turns out that there is a sort of licensure of religious people as they are acting as deputies of a sort for the state insuring that proper witnessing is observed and several other legal aspects that a justice of the peace etc might otherwise be responsible for. They are the ones who actually file the final paperwork that makes the wedding legal.

Not quite as simple as some might think it is.

 

[Arbopa]

On this topic is where the liberals become correct, and the conservatives become insane.

The government has no business, at a federal level, being in the marriage 'business' at all. It is a state level thing.

And even at the state level it should never be disallowed, in my mind. I have never seen an argument against gay marriage that was not
illogical or religiously based. Release the hate and let people live as they want to live.