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Is gay marriage a federal constitutional issue? (Read 7,231 times)
republicans2
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Re: Is gay marriage a federal constitutional issue
Reply #20 - Nov 9th, 2009 at 7:39am
 
Running Deer wrote on Nov 6th, 2009 at 10:53pm:
That's identical to the old argument about interracial marriage.  "It's not an equality problem because you can marry whoever you want, as long as they're in the same race!"


Obviously it's not an identical argument.  One man and one woman.  It's entirely different than two differing races.
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Running Deer
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Re: Is gay marriage a federal constitutional issue
Reply #21 - Nov 9th, 2009 at 8:10pm
 
Quote:
Obviously it's not an identical argument.  One man and one woman.  It's entirely different than two differing races.


There's no good argument about gay marriage that makes it any different from interracial marriage.  Two people of the same sex wish to get married for the same reasons that two people of different sexes and different races wish to get married.
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"If cousins, I would much prefer to marry one my Neanderthal relatives than a screeching chimpanzee which might bite my face off as has happened recently.  Of course, chimps are not even a human species so procreation between humans and chimps is out of the question." - joe_christian, on sex
 
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American_Crisis
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Re: Is gay marriage a federal constitutional issue
Reply #22 - Dec 16th, 2009 at 12:48am
 
In the Constitution of the United States, not anywhere, in its amendments or in the actual text, does in mention anything about gay marriage and gay couples' rights. This is not a federal constitutional issue, nor should it be made into one.
The term itself "gay marriage" is one of an unsure background; in the United States Courts, marriage is defined as "a legal union between one man and one woman as husband and wife," as quoted from the United States Code, made available by the US House of Representatives. Therefore, the argument that "you can marry whoever you want," is false. Marriage, as proven above, is only the union between a man and a woman. There is no marriage between a man and a man, which we are dubbing "gay marriage." However, the definition of "marriage" has nothing to do with interracial marriage, so the argument about "no good argument about gay marriage that makes it different from interracial marriage," yes, there is, there is nothing mentioned about interracial marriage, however, marriage is specifically stated as "the union between a man and a woman," which destroys gay marriage.
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Solar Rightwing Extremist
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Re: Is gay marriage a federal constitutional issue
Reply #23 - Dec 16th, 2009 at 11:23am
 
Quote:
In the Constitution of the United States, not anywhere, in its amendments or in the actual text, does in mention anything about gay marriage and gay couples' rights. This is not a federal constitutional issue, nor should it be made into one.
The term itself "gay marriage" is one of an unsure background; in the United States Courts, marriage is defined as "a legal union between one man and one woman as husband and wife," as quoted from the United States Code, made available by the US House of Representatives. Therefore, the argument that "you can marry whoever you want," is false. Marriage, as proven above, is only the union between a man and a woman. There is no marriage between a man and a man, which we are dubbing "gay marriage." However, the definition of "marriage" has nothing to do with interracial marriage, so the argument about "no good argument about gay marriage that makes it different from interracial marriage," yes, there is, there is nothing mentioned about interracial marriage, however, marriage is specifically stated as "the union between a man and a woman," which destroys gay marriage.


Well said, and welcome to the forum. Cool
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Running Deer
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Re: Is gay marriage a federal constitutional issue
Reply #24 - Dec 30th, 2009 at 10:20pm
 
Quote:
In the Constitution of the United States, not anywhere, in its amendments or in the actual text, does in mention anything about gay marriage and gay couples' rights. This is not a federal constitutional issue, nor should it be made into one.


Nowhere does the Constitution mention interracial marriage or interracial couples' rights.
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"If cousins, I would much prefer to marry one my Neanderthal relatives than a screeching chimpanzee which might bite my face off as has happened recently.  Of course, chimps are not even a human species so procreation between humans and chimps is out of the question." - joe_christian, on sex
 
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Triple_R
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Re: Is gay marriage a federal constitutional issue
Reply #25 - Feb 2nd, 2010 at 1:23pm
 
Stukov wrote on Jan 26th, 2009 at 4:27am:
The government shouldn't have a say who can and can't be married.  It should be a social issue so that if you want to called gay people married or not married it is up to you.  We are arguing over a definition.  Should we pass laws that defines what faith is?  What being good is?  Laws to define everything?  If there are legal advantages that can be had by "married couples" it should be available to everyone, but the government shouldn't call it 'marriage'.  Just let every heterosexual and homosexual get a 'civil union' with whoever they want and let marriage be defined by whatever religion or social institution the people are part of.


Agreed.
Very well said.
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gary86
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Re: Is gay marriage a federal constitutional issue
Reply #26 - Oct 22nd, 2010 at 12:08pm
 
Legally marriage is a contract that is sanctioned by one of the 50 states or some other political entitiy like a national govt other than the US.  So where is the constitutional problem?  Full faith and credit.

You see the founders rightly saw that contracts of all types could become a problem if say Virginia refused to enforce a contract entered into in Deleware for instance.  The idea of full faith and credit was to make it clear that if you enter into a contract in one state that contract is valid in all.  This is a good thing.

I was married in NH and I am married in Texas without having to go through the process of applying for a new license and doing the ceremony again.  Furthermore, when I visit my brother in Oklahoma I am still married.  So what about the guys in Mass who are two men who enter into the same type of contract that my wife and I entered into in NH?  Are they married in Texas where marriage is limited to man and woman?  The USC says that they are.

This is why it is a federal issue that has to be decided by a constitutional amendment.

gary
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