How can we stop from legalizing gay marriage.?

Question

Im not against or for gay marriage i just need help on my english paper so for who ever thinks im discriminating im not.

I need to know who can people do to ban gay marriages besides passing laws.

Im writing an argumentive essay..

Answer 1

Trust me, sometimes I feel the same way, but you cannot discriminate or make people feel less a person because of your own feelings.

Answer 2

If the matter is legality, there are only two things that can affect it: legislation and the constitution.

There is already a federal law (the obnoxious "Defense of Marriage Act"), and some states have tried to outlaw it to varying degrees, based on how their states' constitutions were written. For instance, that's why gay people are now getting married in Massachusetts; the state law prohibiting it was deemed contrary to the state's constitution.

An amendment to the federal constitution would also stop it, but that doesn't seem likely. It couldn't even pass in a Republican-controlled congress.

Unless the Supreme Court finds that the state constitutions violate some federal constituational right regarding marriage (which also seems unlikely, as the SCOTUS usually defers to the states as much as possible regarding marriage law), the states will control the legality of gay marriage for some time to come.

Answer 3

Despite much of the arguing going on, it's really a constitutional issue (right now the courts and legislatures haven't caught up to that yet, they're still trying to treat it as a religious or social issue -- it's not).

Here's what it comes down to: in the US, all of our constitutional and case law points to precedent saying if something is legal for anyone to do, then it's legal for everyone to do. There is no legal reason according to constitutional law to allow straight couples to marry and to deny gay couples the same right.

So...the only way to prevent gay marriage (in the long run, because it WILL come to this) is to pass a constitutional amendment that makes marriage a special case with regard to civil rights -- make it an exception to the "what's legal for any is legal to all" rule.

That's for your essay. In the real world, such a constitutional amendment would never be ratified by enough states to pass. In the long run, gay marriage WILL be legal in the US, in all states -- though it might still take a while to get there.

Answer 4

There are some congressmen who have tried and failed to ensure that a constitutional ban on gay marriage is amended to the constitution. People could also file a lawsuit to stop a gay marriage from taking place. The state could be sued to put a stop gay marriages. People attend protests against gay marriages, someone on behalf of the presbyterian church have tried to charge ministers with heresy if they presided over the wedding of a homosexual couple. Some religious denominations that have a pastor who is married with a family presiding over their churches forbid them to preside over gay marriages and even go as far as to not allow homosexual preachers to become pastors in the church.

Answer 5

(for the record, I personally support gay marriage...so I'm going to try to put my mind in the 'other' camp to answer this question)

Since gays are a minority, all you have to do is make sure the vote for/against gay marriage is a NATIONWIDE vote. A true democracy is majority rule, which is sometimes bad news for minorities. I believe that currently, the majority of people in the U.S. do not support gay marriage.

In the future, though, people might not be against it as much, and a different tactic would be required; if the majority of people SUPPORT gay marriage, then you would have to block the democratic process somehow, such as NOT allowing people to vote, or only giving the vote to a small group (such as our representatives in the house & senate)....kind of like the system we currently have....

Answer 6

So, what you are asking is, what can be done legally to block same-sex marriages from occurring?

Hm. Besides passing a law, I'm not sure there is anything that can block it. The whole point of marriage in the government's eyes is that it is a legal contract. So, I think law has to be involved somehow.

I'm not a lawyer, nor do I have expertise in this area. Just my attempt at helping.

Answer 7

making things legal or illegal is all about passing laws.... laws dictate what is legal or not.. so other than passing laws, nothing else.... that is only to answer your question.. I am pro gay marriages-I believe every citizen of this country should all have the same rights, privileges, and freedoms as any other citizen of this country regardless how they choose to live

Answer 8

The simplest way, and i'm suprised its not mentioned already, is to DEFINE marriage as between a man and a woman, period. Then all references to marriage in the laws refer to those between a man and a woman.

Similiary you can DEFINE another term, if you so desire, for a
"marriage" or union between two gay / lesbian people.

Answer 9

If the US government stops viewing marriage as a contract and takes it out of the tax code then it can be banned and pass any constitutional challenge.

Answer 10

Well most church by-laws will state who they will and won't allow to be married in house and most pastors will state whom they will and won't marry. Aside from laws I'm not sure that you can prevent gay marriage because unless it's a religious statement which can be upheld by law or a law itself I think it's pretty much something you have to do.

Answer 11

Don't be a PC putz, express your ideals whenever and wherever you want as it is your right to do so, and as much as our votes seem to be more and more worthless due to corruption, they are the only non-hostile chance people have regarding stabilizing the nation, however, it is within the right of legal citizens to impeach politicians, judges, and any other governing officials that unconstitutionally alter, and or disregard the peoples choice...