I can't imagine bans on gay marriage being found Constitutional. Has it made it there yet?
2006-10-11 06:42:13 · 6 answers · asked by MEL T 7 in Politics & Government ➔ Politics
No it has not, and it cannot.
Marriage is an institute of each state.
The 10th Amendment prohibits the Federal government's jurisdiction in this matter.
Currently, The Constitution contains nothing about marriage. If the Constitution were amended to explicitly ban gay marriage, or allow it, then the court could hear cases regarding marriage.
Although, unfortunately, the 10th Amendment has not stopped the Federal Government from overexerting it's authority before. So who knows maybe the Supreme Court would trample yet another right reserved for the states.
But if a case were to make it to the Supreme Court, I assume you are referring to the equal protection clause of the Constitution as the basis of your argument?
If that is, indeed, your view point. The Supreme Court has ignored equal protection in the past. The prime example is Affirmative Action.
2006-10-11 07:06:31 · answer #1 · answered by TheMayor 3 · 0⤊ 0⤋
In 1972, the US Supreme Court ruled that the US constitution does not require states to issue marriage licenses to same-sex couples. So, its an issue left up to each state.
Congress in 1996 passed the Defense of Marriage Act (DOMA). The Act is meant to prevent the courts from using the Constitution's Full Faith and Credit Clause to bring same-sex marriage to states that have rejected it by forcing one state to recognize the marriages of another state, although it is debated whether that clause would even have such an effect without the Act.
Twenty states have constitutional amendments explicitly barring the recognition of same-sex marriage, forty-three states have legal statutes defining marriage to two persons of the opposite-sex.
Pretty scary, isn't it?
2006-10-11 13:48:12 · answer #2 · answered by BoardingJD 4 · 2⤊ 0⤋
the right to pursue crap penis
is not guaranteed in the constitution.
the right to spread disease isn't either.
there is no constitutional basis for gay marriage.
2006-10-11 17:28:46 · answer #3 · answered by redreverser 1 · 0⤊ 0⤋
i hope it doesn't make it either. it has not reached the supreme court and i hope it never does.
2006-10-11 13:50:28 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Perhaps it's another one of those truths that are 'self-evident'?
2006-10-11 13:45:15 · answer #5 · answered by Brand X 6 · 0⤊ 1⤋
Gosh, I hope not
2006-10-11 13:47:04 · answer #6 · answered by Anonymous · 1⤊ 0⤋