Does the state government have the right or power to ban gay marriages? If yes or no, why? Justify your answer

Question

Does the state government have the right or power to ban gay marriages? If yes or no, why? Justify your answer. Does the federal government have the right or power to ban gay marriages (or prevent the states from allowing homosexuals to marry or recognizing homosexual marriages)? If yes or no, why? Justify your answer.

Some background you may want to consider -- Defense of Marriage Act signed by Clinton in 1996 (protects marriage under federal law as a union of a man and a woman and states that one state may not redefine marriage for another state); President Bush supports a constitutional amendment banning homosexual marriages but this has not been passed by Congress; Massachusetts is the only state to issue marriage licenses to same sex couples; Five other states and DC don't have provisions prohibiting same-sex marriages but all other states have laws regarding this issue. Also, you may want to become familiar with the establishment clause and full faith and credit clause in the Constitution, especially before you start quoting the bible!

Answer 1

All they can do is define what marriage is but I am not sure why they want to define it .I would like to return to an old Roman law where marriage was not a legal issue it was not taken into the legislative assembly at all

Marriage was only taken into the church door in about the 12 century - A good way to tax people a good way to keep statistics and so forth -

Then the government that evolved from the church kept that up - I don't think the church or the legeslature has any business in the agreements I do or do not make with my partner nor do I see why they government has any right to know who that partner is or have the power to determine who it can't be .

The problem becomes having my agreements recognised in respect to benifits pensions and in short money .

Hence it is that marriage has some legal status ............I am not sure this has been a good trade for the public and I am sure that the government should have and could have been forced into recogniseing my agreements after the fact not before the fact. Meaning if I die then my wife gets the house and any beifits but until then no one needed to know who she was before the fact now did they?

Before you go assuming I am not gay I am married etc. I just don't see why the government and previously the church has to be involved in agreements I have made with/to her.

As long as they have the power to define marriage they have the power to say that isn't a marriage - so yes some level of government does - should they ? No

Answer 2

Must be homework time. I assume by "right", you mean power. Right and power are often used interchangeably when discussing laws states and the Federal government may put in place. Yes, states do have the right to ban gay marriages. In Massachussetts, the state's highest court overturned the state law banning marriage between same sex partners, saying that to do so required amending the constitution. Marriage is a contractual arrangement established by state law. Each state has the right to set its own standards as to who may marry and under what circumstances. Its been the right of the states, not the Federal government to establish and enforce marriage laws. Having said each state has the right to ban gay marriage, the qualifier is that its best for the state to include the ban in its constitution, denying the ability of courts to determine a statute against gay marriage is unconstitutional by the state's constitution. A number of states now have done that.

Except on Federal reservations and within the military, the Federal government has no authority to make laws concerning who may marry whom. Both by common law and interpretation by the courts, marriage is a state delegated area. However, the Federal government can adopt an amendment to the Constitution, with approval of the states, that would ban same sex marriages.

The Defense of Marriage Act is limited in scope, only says other states cannot be forced to recognize a marriage in another state, but does not prevent the states from doing so. The other limit, that applied to the Federal Government, as explained in your additional detail, answers your question as to the type of law the Congress can adopt. It doesn't prohibit same sex marriage, just denies recognition by Fed agencies.

With your additional details, it looks as though you have answered your own question.

Answer 3

No level of government has "rights." Government has powers, not rights. And yes, every state government has the power to ban gay marriage because every state legislature represents the people. Under the U.S. Constitution, states may do anything which they are not PROHIBITED from doing.

The federal government does not have the power to, nation-wide, BAN gay marriage. But it has the power to refuse to recognize any gay marriages that occur. I can't "justify my answer" on that one. The only way that the federal gov't can prevent any state from legalizing gay marriage is by proposing an amendment and then waiting to see if 3/4 of the states will ratify it.

Answer 4

I am of the opinion that they do not because it is a clear demonstration of bias and discrimination. I do however, hold the opinion that the government both state and federal has the right and power to ban all marriage.
We've seen for ourselves the overwhelming success of "Til death do us part" with a 50% divorce rate. Why is it that this oath is treated differently than an oath in court to tell the truth, the whole truth and nothing but the truth? Seeing as how a license is issued by the state as a result of that oath why is it that these people are not charged with perjury when they file for a divorce?
I think that marriage should be kept in churches and casinos where it belongs. This would ultimately solve the problem in my opinion with regards to legality and politics. If you are gay and wish to be married there is nothing to prevent you from going to a gay friendly church and doing just that.
If we fully enforce the separation of church and state then the churches who refuse to condone homosexuality and marry gay couples can just refuse to their heart's content.
Anybody with a problem about sharing the same rights as married couples wouldn't have to worry about it anymore legally because they wouldn't have any extra rights. In my opinion, they shouldn't anyway. I feel no sense of obligation to somebody because they went through a 15-minute ceremony. Any legal problems can be taken care of with an attorney when a couple decides to be a couple.
This solves the problem with individual morals, solves the legal issue and satisfies virtually everybody.
How is this a bad idea?

Answer 5

I am a Christian and I am against gay marriage becuase marriage is an instituion established by God and it has been recognized by governments the world over. I am for civil unions. The difference is that these unions would be estanblished and legally recognized by the government. As a tax paying citizen, a gay person should affored every right that everyone else has. The government should not stick their noses into the private lives of its citizens unless you are putting others in danger.

Answer 6

Government has a right to ban gay marriages because it is within its police power to regulate what is right for the people. Since persons of the same sex cannot procreate which is the main purpose of marriage, the government can prohibit gay marriages since a boy cannot marry another boy.

Answer 7

The gov is a body which we give power to do the right things for us. Married between same sex is prohibitted in Islam. To make a good and conductive society they have the right.

Answer 8

Yes..,it doesnt take a rocket scientist to figure out that marriage is the union between a man and a woman..,definition in the dictionary.Why do gays want to shove their sexual preference down our throats?We dont care what you do in the bedroom but it needs to be left there..,I dont go around telling the world what I do in my bedroom.Where is your sense of freaking modesty since you dont have morals.If you want benefits then get a job with the benefits..,theres no need of gay marriage except for your sexual public display..,stop being selfish of what you want and start thinking about the children you are damaging from that image.

Answer 9

Yes they have the right to do this. They also have the right to seize your property as well. As long as this ban stands up in the courts, which the highest court is mostly conservative, and thus the gay ban is most likely to be upheld. I don't care what people do behind closed doors as long as it doesn't affect me, but like all politicians, they try to control social behavior by law. Doesn't seem fair, but that is the way it is.

Answer 10

The states have all rights, unless granted to the federal government.