Marriage is a RELIGIOUS union - not a legal union. The government only figured out they could tax married couples more than singles and then the whole entire "legal" union issue arose.
So if gays want to marry and pay the penalty - I say let them. If it neither picks my pocket or breaks my leg... of what difference is it to me?
They have to, the text of the Equal Protection Clause is pretty clear. I would also argue(possibly unsuccessfully) that it violates the First Amendment, as a law is imposing a religious belief upon a segment of the populace.
The Campaign for Liberty and others endorse a notion being promoted by conservatives called nullification that holds that under the 10th Amendment states can ignore federal laws if they choose. The 10th Amendment says: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
More people say Yay, the feds might say nay, so it really doesnt matter anyway.
The opposition is often focused on the notion that the lgbt community appear to be "hijacking" the M word. The simplest answer is to have state and federal government civil unions for all couples and leave the now no longer hijacked M word for traditional mainstream church-sponsored weddings. And just to be 'fair' all couples can share the 'D' word, which is always a civil affair.
Religion is theory, not fact. A document that states "equal rights for all" in this country is fact, not theory. Like I said before, it seems the only ones offended by the idea of gay marriage are the religious wackos, and we know that they rarely ever make sense anyway....
Actually, "The Rite of Holy Matrimony" is the religious union, and 'Marriage' is secular. We've since conflated the two. Atheists can be 'married' by the State. Religious people CANNOT get the 'Rite of Holy Matrimony' bestowed upon them by the State.
Gay people should be treated no differently than heterosexual infertile couples. As long as we permit heterosexual infertile couples to marry, we cannot -- with a straight face -- say that their marriage is 'for children'. We do not, nor should we, demand that heterosexuals produce or adopt children within XX years of getting married. A 60 year old woman who has long-since dropped her last egg is no more likely to produce a child than two lesbians or two gay men are -- yet the 60 year old infertile heterosexual woman is allowed to marry and re-marry as many times as she likes, yet the lesbians and gay men are not. This is simply ethically wrong.
Religions may have been among the first to enforce and encourage it, but the family unit and, by extension, society as a whole are affected by marriage and the rules/laws placed upon it.
Marriage is a type of union... but the meaning of the word has no importance in the eyes of the government.
In the eyes of the government, a man and a woman with their child is ultimately no different than two men or two women and their children.
The same rules, laws, and social expectations are applied, and expected to be followed.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Well said. I love the constitution. But perhaps you can explain why liberals want to ignore this one:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
You can't pick, choose, and selectively enforce the supreme law of our land.... The Constitution... So I'll take liberals more seriously when they practice what they preach.
Um because the National Guard is considered the well regulated militia. And it is not necessarily a matter of taking away everyone's guns, but rather making sure that those who should not have guns, do not have guns. The Giffords, and the Dark Knight Rises shootings should be evidence enough of that(with the firearms being legally obtained). However there is too much of a knee-jerk reaction in those instances to get anything meaningful done. Then there is the NRA......
A well regulated militia being necessary to the security of a free state...NOT a bunch of people with guns/ WELL REGULATED. How much more clear could they be? Why do people always want to skip the parts of the constitution they don't like? ( Just Like Equal Protection).
I still don't understand the problem with calling gay couples that want to hook up for life a "civil union" with all the rights and privilege of a "marriage" in the government's eyes.
A dude and a dude is not a marriage. Period. Marriage is defined as a man and a woman. But...whatever. I really don't care at this point. I'm not in the position to judge. On judgement day somebody will be able to finally say, "See...I told you so!!"
Exactly Leonard. And when that day comes, it will be you getting the judgement - how you and so many others don't see the fallacy in your beliefs, the so-called "salad bar" religion that you pick and choose what you like to believe, is beyond me.
And segregationists in Alabama, where I grew up, didn't understand the problem with having separate high schools for blacks and whites. They built one of each in my home town, from exactly the same architectural plan. Who could possibly have a problem with that? How can two students both go to "Tuscaloosa High" if one is black and one is white? Everybody knows whites are are the real Tuscaloosans. They let blacks call "their" high school "Druid High." Straight people deciding that a gay person's marriage isn't a marriage and has to be called something else is just like white people saying black people aren't fully citizens, and that they have to have an alternative school with an alternative name.
Like the "salad bar" comment, very true. I myself am not gay, but I do have a beautiful woman at home, and two beautiful little girls, and we live together in sin, (as I am frequently told, not married yet.) Marriage is not for everyone, but for those of us that want to get married, it should be your right to do so, regardless of gender. So on my judgement day I'm sure I will be sent down to a lake of fire to burn for all eternity, while all of the non- judgemental "christians" will rise up from earth to the heavens to hang out with jesus on a cloud or something....
We already allow inter-racial marriages. Now we're going to allow same gender marriages. The next step will be plural marriages. Funny because people are DOING these things, whether legal or not, by just all living together.
It's really very simple. See the posting by Eric above. It recites the relevant section of the 14th Amendment to the Constitution. It's commonly referred to as the Equal Protection clause. You can't treat people differently when there really is no justifiable basis for doing so. There is also a SCOTUS case called Brown v Broad of Education which said that "separate but equal is inherently unequal." That is the argument you are making: let's call it marriage for opposite sex couples, but a civil union for same sex couples. The problem is, there is no justifiable basis for doing so. Marriage is not a religious institution, so those beliefs cannot dictate how it's defined. Marriage does not require children to be born (or vice versa). There has never been any reputable evidence that it is bad for society. When it was argued in front of the Federal Appeals court, the side against it could not provide one shred of evidence. No statistics, no research, nothing! There is no justifiable reason to instill a separate word or definition. It would then be treated as unequal, which would violate the Constitution. Marriage is a government contract, process, status. It existed before religion and was created for property rights. Matrimony is a religious sacrament, but marriage doesn't require any religious anything to be legal. And you could stand in front of a minister all day and you wouldn't be legally married if you hadn't gotten the government license/certification process completed. Churches won't have to marry gay people if they don't want to (just as they can currently turn away anyone they want). You don't have to like it, just as some still don't like interracial marriages. You are free to have your opinions, but you can't take away other's civil rights. The SCOTUS already decided in Loving v Virginia that marriage is a civil right.
Why do so many people care about what others do? It's not like straight marriages are perfect, in fact at least 50% - yes - 50% of these marriages fail.
I have always felt that those who protest and yell about an issue are really hiding in the closet on THAT SAME ISSUE!
I have been happily married to my wife for over 20 years with 2 kids and I could care less if my neighbor, townsfolk, statesman or countryman find love with someone of the same sex - IT IS NOT AFFECTING ME OR MY LIFE!
My kids - 14 & 17 have friends with 2 dads or 2 moms and they think it is totally normal and their kids seem to be really well adjusted - better than some kids with traditional parents, so you can't say it is about raising children. And for the homophobes out there - no their kids will not grow up "Gay" just because their parents are. one of the worst that can/will happen is the "straight" family kids will beat them up at school for it. What a shame.
The reason we came to this country was for Freedom and personal choice and to break away form the King & Church.
Roger Waters - You lose the battle you're trying to fight when you demonize a group and write as if every member of that group is the same. I"m a "liberal" who supports the 2nd Amendment, grew up eating moose killed by my father, and couldn't care less if you have 1000 guns in your house, your bed, your truck. So stop with the "they" and learn that nobody fits your tiny little definition of a group you despise and denegrate.
If the Supreme Court decides to uphold DOMA, nullify every gay marriage in California by reinstating Proposition 8, or even declares gay marriage void in all 9 states where it has been granted, it will be an outrage, but only a temporary one, and a disgrace the Supreme Court won't live down until it has reversed itself. The country has moved on, and the outrage won't only be from gay people.
We need more flexible laws. Like it's illegal for same sex people to marry unless you they are for same sex marriage in which case it's legal. See how easy it is to make everyone happy.
In Loving v Virginia (1967), SCOTUS ruled that marriage is a Constitutional right that is to be free from governmental interference. One man, one woman? Sounds like sex discrimination. Not allowing gay marriage violates almost every amendment from the 1st to the 14th. And no. SCOTUS has to take up this issue because we cannot go state by state. My company wanted to transfer me to its Texas campus. See the problem? If procreation is that important of a consideration, then require it and outlaw birth control. People not liking gay marriage? Sounds personal--not Constitutional. Many gays cannot stand the thought of heterosexual sex.
Aw gees Brenda! I was with ya a hunnerd percent....and then you had to go talk about heterosexual sex. I got a little nauseated....and just the thought.....my brain is on fire! It hurts. My eyes!!!!!!!
Marriage is a human creation just as Religion is. In terms of society, it is a legal contract that can be broken at any time and for whatever reason. The union is created by two partners and I don't see a difference or anyone's concern about the sex of such partners. This is not the 1800's.
I've met long time partners in love who lived their whole lives together without ever being married, as well as newlyweds getting divorced in a few months because they don't "love each other". This happens in both heterosexual and homosexual relations.
Marriage as presently understood is a union with benefits, but when broken, it can become very disadvantageous and unprofitable. I always say, give people what they want as long as they're not damaging anyone else. In the end, we're all responsible for the lives we choose, and the consequences whether good or bad.
Marriage is a legal union. Gender should be a moot point.
Marriage is a RELIGIOUS union - not a legal union. The government only figured out they could tax married couples more than singles and then the whole entire "legal" union issue arose.
So if gays want to marry and pay the penalty - I say let them. If it neither picks my pocket or breaks my leg... of what difference is it to me?
@roger;
Really? What counts more the license or the bible, when you buy a house together?
What if you are a gay atheist? How "religous" is it then sir?
The SCOTUS will rule, as it must, that Prop 8 and DOMA are unconstitutional.
They have to, the text of the Equal Protection Clause is pretty clear. I would also argue(possibly unsuccessfully) that it violates the First Amendment, as a law is imposing a religious belief upon a segment of the populace.
Seems many states are ignoring the FEDs anyway.
More people say Yay, the feds might say nay, so it really doesnt matter anyway.
You can marry if your Gay!
The opposition is often focused on the notion that the lgbt community appear to be "hijacking" the M word. The simplest answer is to have state and federal government civil unions for all couples and leave the now no longer hijacked M word for traditional mainstream church-sponsored weddings. And just to be 'fair' all couples can share the 'D' word, which is always a civil affair.
Religion is theory, not fact. A document that states "equal rights for all" in this country is fact, not theory. Like I said before, it seems the only ones offended by the idea of gay marriage are the religious wackos, and we know that they rarely ever make sense anyway....
Actually, "The Rite of Holy Matrimony" is the religious union, and 'Marriage' is secular. We've since conflated the two. Atheists can be 'married' by the State. Religious people CANNOT get the 'Rite of Holy Matrimony' bestowed upon them by the State.
Gay people should be treated no differently than heterosexual infertile couples. As long as we permit heterosexual infertile couples to marry, we cannot -- with a straight face -- say that their marriage is 'for children'. We do not, nor should we, demand that heterosexuals produce or adopt children within XX years of getting married. A 60 year old woman who has long-since dropped her last egg is no more likely to produce a child than two lesbians or two gay men are -- yet the 60 year old infertile heterosexual woman is allowed to marry and re-marry as many times as she likes, yet the lesbians and gay men are not. This is simply ethically wrong.
Marriage is a social item.
Religions may have been among the first to enforce and encourage it, but the family unit and, by extension, society as a whole are affected by marriage and the rules/laws placed upon it.
Marriage is a type of union... but the meaning of the word has no importance in the eyes of the government.
In the eyes of the government, a man and a woman with their child is ultimately no different than two men or two women and their children.
The same rules, laws, and social expectations are applied, and expected to be followed.
Nuff said
Well said. I love the constitution. But perhaps you can explain why liberals want to ignore this one:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
You can't pick, choose, and selectively enforce the supreme law of our land.... The Constitution... So I'll take liberals more seriously when they practice what they preach.
Um because the National Guard is considered the well regulated militia. And it is not necessarily a matter of taking away everyone's guns, but rather making sure that those who should not have guns, do not have guns. The Giffords, and the Dark Knight Rises shootings should be evidence enough of that(with the firearms being legally obtained). However there is too much of a knee-jerk reaction in those instances to get anything meaningful done. Then there is the NRA......
Eric,
Beautiful! Yes, sometimes it's so simple-just read it people. There are no other arguments.
Does this include the right to keep and bear arms????
A well regulated militia being necessary to the security of a free state...NOT a bunch of people with guns/ WELL REGULATED. How much more clear could they be? Why do people always want to skip the parts of the constitution they don't like? ( Just Like Equal Protection).
I still don't understand the problem with calling gay couples that want to hook up for life a "civil union" with all the rights and privilege of a "marriage" in the government's eyes.
A dude and a dude is not a marriage. Period. Marriage is defined as a man and a woman. But...whatever. I really don't care at this point. I'm not in the position to judge. On judgement day somebody will be able to finally say, "See...I told you so!!"
Exactly Leonard. And when that day comes, it will be you getting the judgement - how you and so many others don't see the fallacy in your beliefs, the so-called "salad bar" religion that you pick and choose what you like to believe, is beyond me.
But hey, after all, I'm just a sinful gay man.
And segregationists in Alabama, where I grew up, didn't understand the problem with having separate high schools for blacks and whites. They built one of each in my home town, from exactly the same architectural plan. Who could possibly have a problem with that? How can two students both go to "Tuscaloosa High" if one is black and one is white? Everybody knows whites are are the real Tuscaloosans. They let blacks call "their" high school "Druid High." Straight people deciding that a gay person's marriage isn't a marriage and has to be called something else is just like white people saying black people aren't fully citizens, and that they have to have an alternative school with an alternative name.
FinDu
Like the "salad bar" comment, very true. I myself am not gay, but I do have a beautiful woman at home, and two beautiful little girls, and we live together in sin, (as I am frequently told, not married yet.) Marriage is not for everyone, but for those of us that want to get married, it should be your right to do so, regardless of gender. So on my judgement day I'm sure I will be sent down to a lake of fire to burn for all eternity, while all of the non- judgemental "christians" will rise up from earth to the heavens to hang out with jesus on a cloud or something....
We already allow inter-racial marriages. Now we're going to allow same gender marriages. The next step will be plural marriages. Funny because people are DOING these things, whether legal or not, by just all living together.
Leonard Thompson100,
It's really very simple. See the posting by Eric above. It recites the relevant section of the 14th Amendment to the Constitution. It's commonly referred to as the Equal Protection clause. You can't treat people differently when there really is no justifiable basis for doing so. There is also a SCOTUS case called Brown v Broad of Education which said that "separate but equal is inherently unequal." That is the argument you are making: let's call it marriage for opposite sex couples, but a civil union for same sex couples. The problem is, there is no justifiable basis for doing so. Marriage is not a religious institution, so those beliefs cannot dictate how it's defined. Marriage does not require children to be born (or vice versa). There has never been any reputable evidence that it is bad for society. When it was argued in front of the Federal Appeals court, the side against it could not provide one shred of evidence. No statistics, no research, nothing! There is no justifiable reason to instill a separate word or definition. It would then be treated as unequal, which would violate the Constitution. Marriage is a government contract, process, status. It existed before religion and was created for property rights. Matrimony is a religious sacrament, but marriage doesn't require any religious anything to be legal. And you could stand in front of a minister all day and you wouldn't be legally married if you hadn't gotten the government license/certification process completed. Churches won't have to marry gay people if they don't want to (just as they can currently turn away anyone they want). You don't have to like it, just as some still don't like interracial marriages. You are free to have your opinions, but you can't take away other's civil rights. The SCOTUS already decided in Loving v Virginia that marriage is a civil right.
Why do so many people care about what others do? It's not like straight marriages are perfect, in fact at least 50% - yes - 50% of these marriages fail.
I have always felt that those who protest and yell about an issue are really hiding in the closet on THAT SAME ISSUE!
I have been happily married to my wife for over 20 years with 2 kids and I could care less if my neighbor, townsfolk, statesman or countryman find love with someone of the same sex - IT IS NOT AFFECTING ME OR MY LIFE!
My kids - 14 & 17 have friends with 2 dads or 2 moms and they think it is totally normal and their kids seem to be really well adjusted - better than some kids with traditional parents, so you can't say it is about raising children. And for the homophobes out there - no their kids will not grow up "Gay" just because their parents are. one of the worst that can/will happen is the "straight" family kids will beat them up at school for it. What a shame.
The reason we came to this country was for Freedom and personal choice and to break away form the King & Church.
Keep Politics & Religion OUT OF OUR BEDROOMS!
Enough said.
XX.
Roger Waters - You lose the battle you're trying to fight when you demonize a group and write as if every member of that group is the same. I"m a "liberal" who supports the 2nd Amendment, grew up eating moose killed by my father, and couldn't care less if you have 1000 guns in your house, your bed, your truck. So stop with the "they" and learn that nobody fits your tiny little definition of a group you despise and denegrate.
If the Supreme Court decides to uphold DOMA, nullify every gay marriage in California by reinstating Proposition 8, or even declares gay marriage void in all 9 states where it has been granted, it will be an outrage, but only a temporary one, and a disgrace the Supreme Court won't live down until it has reversed itself. The country has moved on, and the outrage won't only be from gay people.
We need more flexible laws. Like it's illegal for same sex people to marry unless you they are for same sex marriage in which case it's legal. See how easy it is to make everyone happy.
DUH
"Warren" Sorry but what???
XX.
Of course they will approve it this is what Obama wants , this is where he recieved a lot of votes from to get his 2nd term!!!!!!
What people write on Twitter is a news story? Please, pass me the wine . . .
In Loving v Virginia (1967), SCOTUS ruled that marriage is a Constitutional right that is to be free from governmental interference. One man, one woman? Sounds like sex discrimination. Not allowing gay marriage violates almost every amendment from the 1st to the 14th. And no. SCOTUS has to take up this issue because we cannot go state by state. My company wanted to transfer me to its Texas campus. See the problem? If procreation is that important of a consideration, then require it and outlaw birth control. People not liking gay marriage? Sounds personal--not Constitutional. Many gays cannot stand the thought of heterosexual sex.
Aw gees Brenda! I was with ya a hunnerd percent....and then you had to go talk about heterosexual sex. I got a little nauseated....and just the thought.....my brain is on fire! It hurts. My eyes!!!!!!!
Marriage is a human creation just as Religion is. In terms of society, it is a legal contract that can be broken at any time and for whatever reason. The union is created by two partners and I don't see a difference or anyone's concern about the sex of such partners. This is not the 1800's.
I've met long time partners in love who lived their whole lives together without ever being married, as well as newlyweds getting divorced in a few months because they don't "love each other". This happens in both heterosexual and homosexual relations.
Marriage as presently understood is a union with benefits, but when broken, it can become very disadvantageous and unprofitable. I always say, give people what they want as long as they're not damaging anyone else. In the end, we're all responsible for the lives we choose, and the consequences whether good or bad.