What part of the constitution grants the government the right to legislate marriage?

Answer 1

Marriage is a civil contract and inherently involved in the government. You don't have to be legally married to have a marriage ceremony and to live like you are married, but the government has the right to define by law an institution that is created, maintained, and solely concerned with the government. The constitution does not mention marriage, along with most other things the government regulates, because it is part of common law.

Answer 2

There is nothing specifically in the Constitution granting the government the right to legislate marriage. However, the commerce clause has broad powers. There was a case called "Wichard v. Filborne" decided in the depression-era, that basically said that anything that has anything to do with interstate commerce can be regulated by the federal government. Therefore, the congress could pass legislation regulating marriage, or a constitutional amendment. The individual states now regulate marriage, and I would caution you that not all states have "common law" marriage. (That's when you live with someone and hold them out as your spouse.) Ohio abolished it about 15 years ago. I think the whole amendment to the constitution to ban gay marriage is in response to some states allowing gay marriage. And, while I agree it's all political crap, I think the insurance industry is in on this, because it is an economic issue for them...if same sex partners are allowed to marry, they would have to provide benefits to the partner-spouse--it would cost them a lot of cash.

Answer 3

There is no part of the Constitution that grants the government the right to legislate marriage, and whether or not it derives legal stature from traditional English common law has absolutely no bearing on the fact that the constitution does not grant the federal government any right in legislating this issue. There is a valid question in whether or not states have the right to legislate marriage, and if by the states rights clause the framers intended the states to have free reign to involve itself in every matter not specifically enumerated in the constitution. In reading the arguments of Federalists like Madison and Hamilton, and anti-federalists like Henry, it is clear that these were a group of civil libertarians who did not want government intruding in the private affairs of its citizens-most of the debates between these two groups focused on how best to ensure that citizens had personal liberties. Legislating marriage would be far, far off of the radar of the framers.

Answer 4

Federal Government has no authority...but States do.
The US Constitution limits the right of the Federal Government to do anything except what is specifically granted in the Constitution.
The 10th ammendment gives all other rights to the States and to the people

10th Amendment: 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.

...Of course, this doesn't mean I think the government SHOULD legislate marriage.

I think marriage should be the sole domain of the church and the government should stay out of it.

The government should grant every citizen the right to designate one other person to be a civil partner...anyone they choose.

Answer 5

You need to make a distinction between the federal government and the federal constitution vs. state governments and state constitutions. The 10th Amendment of the U.S. Constitution states as follows:

"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."

Marriage laws are historically state law issues. The states can legally define marriage. The reason for the current controversy ist he Equal Protection Clause of the 14th Amendment. Even though California voters overwhelmingly voted to define marriage as a union of the man and a woman, a court could theoretically order California to recognize a homosexual marriage from another state. That's why Congress recently voted on a constitutional amendment to address the issue.

Answer 6

The constitution gives the right for all persons the right to pursue freedom and happiness.

Now what the government in is doing is simply bending to an arcane religion and their ancient and arcane book.

With that said, the constitution also grants a freedom of religion. Many religions do not have a problem with gay marriages...thus there cannot be ban on it.

If your religion does not condone...then don't do it. But don't tell me what to believe in. Christians are the United States answer to the Taliban.

Answer 7

Like abortion before Roe, it is traditionally up to the individual states. The idea is that the state legislative bodies, who are in better touch with their constituents, know what they want. But, Congress has extremely broad power under the commerce clause (and dormant commerce clause) to set up legislation that can impact the individual states. So, there is no real clear answer as to how Congress can proceed.

I will suggest, however, that Congress is not interested in this issue. Rather, it is a clear political issue used when the R's need to scare those voters who are on the fence (to be fair D's do the same thing with SS reform and global warming).

Answer 8

It's under the section that states that whatever the Federal government is not responsible for is handed to the states to take care of. Marriage is actually a state law.

The problem conservatives have if it's legal for a gay couple to be Maine and they move to Idaho, Idaho would have to recognize that marriage. That's why the conservatives want an ammendment to the Constitution banning gay marriages.

Answer 9

i'd imagine it will be dealt with as a civil union; because if it wasn't you ought to legally prepare polygamy by ability of having a civil union and a wedding ceremony at the same time, with i wager theoretically 2 diverse human beings. yet i'm no longer the regulation, it really is merely what i imagine.

Answer 10

Marriage is religious. There is a clear ban on the mixing of church and state. So the gov't can control what marriage is, how?