Gay Marriage and States' Rights

Discussion in 'Politics' started by Paul3144, Jul 18, 2012.

  1. Paul3144

    Paul3144
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    A lot of people on both sides of the same-sex marriage debate have tried to federalize the issue. Some have done so by supporting Section 3 of the Defense of Marriage Act, which prohibits the Federal government from recognizing same-sex marriages performed in States which allow them. On the other side of the issue are people who argue the Equal Protection Clause of the Fourteenth Amendment should be interpreted to prohibit States from not allowing gays to marry.

    I reject all of that. What should happen is the Federal government should not be involved and this controversial issue should be decided by the States. As I don't believe the United States Constitution gives the Federal government the authority to define marriage, the Federal government should recognize gay marriages which are legal under State law. However, I don't think States which disallow gay marriage should be forced to recognize them because of the Public Policy Exception to the Full Faith and Credit Clause. This is one issue where the Feds should butt out and let all fifty States decide on their own.
     
  2. Salty

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    The problem is that when a State or Commonwealth permits a homosexual (often improperly referred to as "gay") marriage; will that action be required by federal statue to be accepted by another State or Commonwealth under provisions of Article. IV, Section 1 which states that " Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
     
  3. Paul3144

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    I addressed that in my post. There is the Public Policy Exception to that provision. Secondly, even if States are required to accept out-of-state gay marriages that still doesn't mean the Feds have the authority to tell States whether or not to perform such unions.

    For example, I don't want you Yankees meddling in Florida's marriage laws. Salty, will you join me in standing for States' rights?
     
  4. Salty

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    But the Feds do have the right to tell the Commonwealth of Virginia that they must recognize the "marriage" of a homosexual couple from New York State.


    Yes, as long as those marriage laws are defined as between one man and one women.

    Bottom line - The Obama needs to enforce the Defense of Marriage Act
     
  5. Paul3144

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    In my opinion, no. However, even if States are required to accept out-of-state gay marriages that still doesn't mean the Feds have the authority to tell States whether or not to perform such unions.

    In other words, no.
     
  6. freeatlast

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    Paul I agree with you on this. Many claimed conservatives are hypocritical in this area. They want the federal government out of our lives based on on the constitution until they want the federal government to do their bidding on special interest things. The truth is that in many cases like this the claimed conservatives have actually shot themselves in the foot and promoted the Marxist and socialists agenda.
     
  7. Salty

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    I would contend that in 1787 that homosexuality was not an issue.

    Lets suppose it was - do you think the founding fathers would have made mention of marriage in the Constitution?
     
  8. freeatlast

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    I think you need to do a little research to make that statement. Sodomy laws have been around way before 1787 so to suggest that homosexuality was not a contention is incorrect.
    Homosexuality has always been an issue, but how it was dealt with makes all the difference. Such laws were always under local authority or states rights once states were recognized under the constitution.
    So the founding fathers would not include it in the constitution since they had agreed that the federal government was not to be the king and states rights would rule which is no longer the case. Our constitutional freedoms, rights and liberties are gone forever from how they were intended to be. No longer are we a government of the people, by the people and for the people.
     
    #8 freeatlast, Jul 19, 2012
    Last edited by a moderator: Jul 19, 2012
  9. saturneptune

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    Moving away from the morality side for just a moment to the practical, how can a state like mine (which will be near the last to approve such nonsense) be forced to accept a same sex marriage from someone who moved here from Vermont, and at the same time, deny marriage to a same sex couple that lives next door that wants to get married within Kentucky? How would a state government possibly keep that straight or enforce such laws?
     
  10. freeatlast

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    For now each state still has the right to deny homosexual marriage as legal in that state and refuse to accept other states acceptance. However that is short lived in my opinion as this nation continues on its fast track to immorality and a Federal government rules instead of a state government rule by the people.
    The answer is in the church. The church has to first clean up its own house before they can be a light to the nation.
     
  11. targus

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    Most states requiring annual income tax returns have a "married" filing status. Why should a state not allowing "gay marriage" be forced to accept a joint income tax return from two perverted men that should each be filing their own tax return?
     
  12. billwald

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    The government should get out of the marriage business and let the churches "marry" whomever they choose. The tax laws would need to be revised. Most every social issue boils down the money trail.
     

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