same sex marriage: federal or state issue?

Question

do you think same sex marriage is a federal or a state issue? why?

Answer 1

federal since states have to recognize actions from other states. For example, becasue I was married in CA that means I am also married in TX

Answer 2

They will keep it a state issue as long as possible. When it eventually reaches the USSC, it will become a federal issue. The court doesn't want this in their laps, but it will end up there nonetheless. The marriages in MA, and the problems of not federally recognizing the rights that come with those marriages will propel this to the USSC, right along with the Full Faith and Credit Act - which the DOMA Act seeks to neutralize. But DOMA will also be challenged in our highest courts. Also, the states that have voted on gay marriage will end up fighting it in court because we don't vote on other people's constitutional rights in this country. At least we don't vote on them and realistically expect it to stick. If the ruling from Loving vs. Virginia is any indication, the USSC will have no choice but to find that gay marriage is constitutionally viable. They already said, inside of that ruling, that marriage is a constitutional right of man - something that many people do not know when they claim there is nothing constitutional about marriage. When this happens, and the USSC interprets the Constitution and refers to precedences, it will be next to impossible for them to rule any other way.

I'm not a fan of Pat Buchanan, but I heard him talk about this approximately a year ago and I was impressed that he admitted the points I made above are a problem, and that the only thing that could have stopped the progression was the approval of the Marriage Amendment, which never had a chance of approval from day one.

EDIT: Bravo to hmghosthost. Very well done. I am very much in favor of same sex marriage.

Answer 3

I believe it's federal because it's a civil rights issue. When states don't take the rights of the minority into consideration, it becomes federal. We are a representative Democracy(vote) but we aren't allowed when a minorities rights are violated (Republic)

We can't vote on someone's Civil Rights. Check back on MLK and civil rights during that time. The states tried to control that issue for a long time.

Answer 4

To me as a gay person, I don't necessarily think marriage is the is the path we should be taking. kind of a to much to soon situtation. Legalized Civil Unions that are acknowleged in every state giving the same legal rights as married couples would be a better way to start. And because of all legal issues pretaining to any couple such as medical decisions, social security, inheritacne,ect it should be a federal issue

Answer 5

Neither. But since marriage has legal ramifications there is going to be an element of official involvement. Typically laws that govern individual actions (like marriage) are a State issue.

Answer 6

State, but the problem arises when the married couple goes to another state, not just to live but visit, and something happens. According to DOMA no state has to recognize the marriage.

So Married Gay couple gets in a car wreck in Georgia. (A state that has voted not to recognize gay marriages) Guy A dies. Who is next of kin in Georgia? For burial purposes?

Answer 7

Under the Constitution, this would be under powers delegated to the state.
But because of the Full Faith and Credits Clause, as the 1st answerer touched on, states must recognize the events of other states.

Answer 8

SEX?how dare you bring us such a subject,?all that should be kept in the bedroom.
but since you need to bring it up Of course I believe in States rights,and limited Federal rule over our lives,

Answer 9

federal. By making each state decide, it is prolonging an issue that should be dealt with and society should move on.

Answer 10

States can and do make it legal but try moving to a state that doesn't recognize your gay marriage. What then?
I think we are up to three states that have legalized gay marriage.